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LIVE STOCK LAWS 



TERRITORY OF NEW MEXICO 



QUARANTINE 
REGULATIONS 



INSTRUCTIONS 

==TO= 

INSPECTORS 



Compiled and Issued by the 

CATTLE SANITARY BOARD 
OF NEW-MEXICO 

August 1st, 1905. 



LIVE STOCK LAWS 



OF THE 



Territory of New Mexico ^ 



RELATING TO 



Cattle, Horses, Mules, and Asses 



United States Regulations Governing Dipping and Handling 

of Cattle Affected With Scabies or Mange; Together 

With Rules and Other Regulations Governing 

the Importing Into the Territory of Nezv 

Mexico of Cattle, Horses 

and Mules. 



List of Inspectors and Their Districts, with Rules for Govern- 
ment of Inspectors in the Performance of Their Duties. 



Compiled and Issued by Authority of Cattle Sanitary Board of 
New Mexico, August 1 , 1 905. 



WILL C. BARNES, SECRETARY 

La6 Vegas, New Mexico 






D. OF Dfc 
*PF 28 1908 



MEMBERS OF THE BOARD 

e> 

E. GODWIN AUSTEN, President Las Vegas 

M. N. CHAFFIN Las Vegas 

CHAS. L. BALLARD Roswell 

WM. H. JACK Silver City 

ROBERT MARTIN Cuchills 

WM. C. McDONALD Carrizozo 

WILL C. BARNES, Secretary Las Vegas 



LIST OF INSPECTORS AND THEIR STATIONS. 



District No. 1. 

WALTER O'BRIEN — Raton to Albuquerque, Santa Fe branch. , Santa 
Fe Central to Moriarty, Dawson branch, French to Dawson. 
P. O. Las Vegas. 

District No. 2. 
T. A. GRAY — Union County, Colo. & So. Ry., Texline to Trinchera. 
P. O. Clayton. 

District No. 3. 
M. McQUAID — R. I. from Pastura to state line. Dawson branch to 
Roy. P. O. Tucumcari. 

District No. 4. 
J. V. LATHAM — Pastura south on R. I. to El Paso. Santa Fe Central 
to Estancia. P. O. Alamogordo. . . 

District No. 5. 

C. L. BALLARD — Chaves and Eddy Counties, Pecos Valley road, 

Kenna south to Pecos. P. O. Roswell. 
District No. 6. 
LAWRENCE WELCH- — San Juan County. P. O. Bloomfleld. 

District No. 7. 
DON JOHNSON — Luna and Grant Counties, El Paso & S. W. R. R., 
S. Pac. R. R., Santa Fe to Rincon, Silver City branch. P. O. 
Deming. 

District No. 8. 
T. H. TUCKER — Santa Fe R. R., Belen to El Paso, Magdalena branch. 
P. O. Socorro. 

District No. 9. 

D. MARTINEZ — Taos. Hide Inspector. 

District No. 10. 

VAN CASEY — Santa Fe Pacific R. R. west of Albuquerque, Zuni 

Mountain Ry., Valencia and McKinley Counties. P. O. Gallup. 

District No. 11. 

WADE BRACKETT — Vermejo, Catskill and vicinity for herds crossing 

into Colorado. P. O. Catskill. 



District No. 12. 

"VACANCY — Espanola and vicinity. P. O. Espanola. 

District No. 13. 
J. P. STONE — Portales, Pecos Valley road, Elida north. P. O. Portale?. 

District No. 14. 
J. W. HILER — Hillsboro. Hide Inspector. P. O. Hillsboro. 

District No. 15. 
C. P. LEMONS — Nogal, Lincoln County and Indian Agency. Hide and 
Special Inspector. P. O. Nogal. 

District No. 16. 
GEO. HUTH — Chama. Hide Inspector. 

District No. 17. 
LEVI TABOR — Folsom. Hide Inspector. 
District No. 18. 
G. T. MURRAY — Special Inspector for herds crossing Arizona line. 
P. O. Springerville, Ariz. 

District No. 19. 
TOM MOORE— Hide Inspector Silver City and vicinity. P. O. Santa 
Rita. 

District No. 20. 
BAILEY HERRING — Hide and Special Inspector, Lordsburg and 
vicinity for herds crossing into Arizona. P. O. Lordsburg. 
District No. 21. 
VACANCY — Endee and vicinity. 

District No. 22. 
WM. W. MARTIN — Cuchillo. Hide and Special Inspector, Palomas, 
Fairview, Monticello and Cuchillo. 

District No. 23. 
WM. P. SANDERS — Hide Inspector, Magdalena and vicinity. P. O. 
Magdalena. 

District No. 24. 
VACANCY — 

District No. 25. 
CON DENNIS — Belen. New Santa Fe Cut-off, Belen to R. I. Crossing. 

District No. 26. 
G. W. KUTZ — Lumberton. Hide Inspector. 
District No. 27. 
JAMES N. ISAACKS — Las Cruces. Hide Inspector and Cattle Inspec- 
tor for trail herds crossing line along Texas border. 
District No. 28. 
ED. JOHNSON — New Santa Fe Cut-off from Texico to Epris. P. O. 
Texico. 

District No. 29. 
ED. M. TYSON — Bronco, Texas. Line Rider, Texas border, Salt Lakes 
to southern line of Territory. 

District No. 30. 
JOE E. NAPIER — Texline. Line Rider, Texas border, Colorado line 
south to Canadian River. 



NEW AND IMPORTANT 

MANGE REGULATIONS 



The following regulations now in force in this Territory by 
the Federal authorities are published for the information of all 
concerned. 

These regulations will of course be enforced by this Board 
as well as the Federal authorities. 

Attention is also called to the fact that the order of April ist 
allows the use of several other dips besides the single one of 
lime and sulphur, as heretofore. 



INSTRUCTIONS TO INSPECTORS OF THE CATTLE SANITARY 
BOARD OF NEW MEXICO. 

To All Inspectors : 

Until further orders each regular inspector of this Board, in 
addition to his other duties, is, under Section 4, Chapter 31, 
Acts of the 36th Legislative Assembly, hereby instructed to 
notify this Board of any outbreak or discovery of the existence 
of the disease known as mange or scabies in cattle. 

Should any herd of cattle offered either for shipment or to be 
driven out of the Territory, be found infected with mange and 
refused permission to be moved by the Federal inspector, our 
inspectors must at once notify the owner or person in charge 
of said herd that they are under quarantine and must not be 
moved from the corral or yards wherein they are held, except 
for the purpose of dipping, and not moved even then unless an 
inspector or member of this Board or some duly authorized 
agent of the Board or a Federal inspector is present and auth- 
orizes the movement. And the corral or yards in which such 



6 CATTLE SANITARY BOARD. 

infected cattle have been held shall also be closed and declared 
infected until properly cleaned and disinfected under the super- 
vision of either this Board or a Federal inspector. 

Published by authority of the Cattle Sanitary Board of New 
Mexico. 

E. Godwin Austen, President. 

Will C. Barnes, Secretary. 
Las Vegas, June ist, 1905. 



United States Department of Agriculture, 

Bureau of Animal Industry. 

RULE 2.— TO PREVENT THE SPREAD OF SCABIES IN CATTLE. 

Effective on and after June 1, 1905. 



United States Department of Agriculture, 
Office of the Secretary. 

The fact has been determined by the Secretary of Agricul- 
ture, and notice is hereby given, that a contagious, communic- 
able disease known as scabies exists among cattle in the follow- 
ing named States and Territories, to-wit:. 

Washington, Oregon, Montana, North Dakota, South Da- 
kota, Nebraska, Kansas, Colorado, Wyoming, Texas, New 
Mexico and Oklahoma. 

Now, therefore, I, James Wilson, Secretary of Agriculture, 
under authority conferred by Section 1 of the Act of Congress 
approved March 3, 1905 (Public No. 229), do hereby quaran- 
tine the following area, to-wit: 

All territory situate within the boundaries of Washington, 
Oregon, Montana, North Dakota, South Dakota, Nebraska, 
Kansas, Colorado, Wyoming, Texas, New Mexico and Okla- 
homa. 

It is ordered by this Rule, under the authority and discretion 
conferred upon the Secretary of Agriculture by Section 3 of 
the Act of Congress approved March 3, 1905 (Public No. 
229), that catle shall be moved from the area wherein quaran- 



TERRITORY OF NEW MEXICO. 7 

tined to any point not located in the said quarantined area only 
in accordance with the regulations of the Secretary of Agri- 
culture, promulgated May i, 1905, and effective June 1, 1905. 
This Rule is subject to amendment on statutory notice. 
B. A. I. Order No. 106, dated March 10, 1903, and B. A. I. 
Order No. 123, dated March 18, 1904, shall cease to be effect- 
ive on and after June 1, 1905, on and after which date this 
Rule shall become and be effective until otherwise ordered. 
Done at Washington this first day of May, 1905. 
(seal) Witness my hand and the seal of the De- 

partment of Agriculture. 

James Wilson, 
Secretarv of Agriculture. 



REGULATIONS TO PREVENT THE SPREAD OF SCABIES IN 
CATTLE. 

Regulation 19. No cattle which are diseased with scabies 
shall be shipped or trailed from one State or Territory into 
another State or Territory or the District of Columbia, except 
as hereinafter provided; and no cattle shall be trailed, shipped, 
otherwise removed, or allowed to drift from a State or Terri- 
tory or portion thereof quarantined for the disease of scabies 
in cattle into another State or Territory or the District of Col- 
umbia, except as hereinafter provided, unless the cattle have 
been inspected by an inspector of the Bureau of Animal Indus- 
try, found free of the disease, and are accompanied by a certi- 
ficate from the said inspector. 

Regulation 20. In States or Territories or portions thereof 
quarantined by the Secretary of Agriculture for scabies in cat- 
tle, where satisfactory dipping is practiced, those cattle which 
upon inspection by an inspector of the Bureau of Animal In- 
dustry at the time of shipment are found to be free from symp- 
toms of scabies shall be given a certificate and allowed to move 
to points outside the quarantined area subject only to such re- 
strictions as may be imposed by State or Territorial officers al 
points of unloading and destination ; but if a herd or consign- 
ment be offered for inspection and a portion thereof is found to 
be diseased with scabies, the diseased cattle shall be dipped 
twice in either the lime-arid-sulphur or the tobacco-and-sulphur 
dip or once in Beaumont crude petroleum, in the manner here- 



8 CATTLE SANITARY BOARD. 

inafter provided, and that portion of the herd or consignment 
not visibly diseased shall be dipped once before shipment. 

Regulation 21. Cattle not visibly diseased with scabies may 
be shipped without inspection from points in the quarantined 
area where the service of an inspector is not readily procurable 
to any recognized slaughtering center for immediate slaughter. 
When so shipped the cattle shall not be diverted en route, and 
shall be either slaughtered within two weeks after arrival at 
destination or shall be submitted for inspection. The further 
handling of the cattle shall be subject to the result of this in- 
spection. When cattle are shipped without inspection, under 
the terms of this regulation, the officers of the transportation 
company shall affix to both sides of each car a durable, conspic- 
uous, printed placard not less than 5^ inches by 8 inches in size, 
the letters on which shall be boldface and not less than 1^ inches 
in height. These placards shall bear the words "uninspected 
cattle" and shall not be removed until the cattle have arrived 
at destination and the inspector has indicated the disposition 
to be made of the cars. 

Regulation 22. Cattle that are diseased with scabies and 
which have been dipped once in either the lime-and-sulphur 
or the tobacco-and-sulphur dip in the manner hereinafter pro- 
vided, under the supervision of an inspector of the Bureau of 
Animal Industry, within ten days of date of shipment, may be 
shipped for immediate slaughter to a recognized slaughtering 
center, and when so shipped the said cattle shall not be diverted 
en route and shall be slaughtered within two weeks after arrival 
at destination. If cattle diseased with scabies are to be shipped 
for stockers or feeders, they shall be dipped twice in either the 
lime-and-sulphur or the tobacco-and-sulphur dip ten days apart 
or once in Beaumont crude petroleum, under supervision, and 
shall be submitted to inspection before shipment. However, 
diseased cattle may be dipped once in either the lime-and-sul- 
phur or the tobacco-and-sulphur dip under the supervision of an 
inspector of the Bureau of Animal Industry at the point of 
origin and shipped for stocking or feeding purposes if arrange- 
ments have been made for the second dipping en route or at 
destination at the required time after the first dipping at a point 
where there is an inspector stationed, and under his supervision. 

Regulation 23. Healthy cattle in a State or Territory not 
quarantined by the Secretary of Agriculture for scabies in cat- 
tle may be shipped in clean cars without inspection into any 
other State or Territory for slaughter or for stockers or feeders, 



TERRITORY OF NEW MEXICO. 9 

but if the said cattle be unloaded en route or at destination and 
are placed in infected premises, they shall be treated as exposed 
cattle, and shall not be forwarded to destination for purposes 
other than for immediate slaughter, until they shall have been 
dipped once in any dip herein approved under the supervision 
of an inspector of the Bureau of Animal Industry. 

Regulation 24. When diseased cattle have been dipped once 
in either the lime-and-sulphur or the tobacco-and-sulphur dip 
and are shipped in accordance with Regulation 22, the officers 
of the transportation company shall affix to both sides of each 
car a durable, conspicuous, printed placard, not less than 5 -A 
by 8 inches in size, the letters on which shall be boldface, and 
not less than 1^ inches in height. These placards shall bear 
the words "dipped scabby cattle," and shall not be removed 
until the cattle have arrived at destination or point of second 
dipping, have been unloaded, and the cars have been disinfected. 

Regulation 25. The dips now approved by the Department 
are the lime-and-sulphur dip, the tobacco-and-sulphur' dip, and 
Beaumont crude petroleum. The lime-and-sulphur dip is 
made in the proportion of 12 pounds of unslaked lime and 24 
pounds of flowers of sulphur to 100 gallons of water. Weigh 
both the lime and sulphur. Place the unslaked lime in a mor- 
tar box or some suitable vessel and add enough water to slake 
the lime and form a lime paste or lime putty. Sift into this 
paste the flowers of sulphur, and stir the mixture well. To 
make 100 gallons of dip, place the sulphur-and-lime paste in a 
kettle or boiler with about 30 gallons of boiling water and boil 
the mixture for two hours at least, stirring the liquid and sedi- 
ment; add enough water when necessary to maintain the quan- 
tity. Draw the mixture and sediment into a large tub or 
barrel placed near the dipping vat and provided with a bunghole 
about 4 inches from the bottom, and allow ample time to settle 
— from two or three hours or more, if necessary. When fully 
settled, draw off the clear liquid into the dipping vat and add 
enough warm water to make 100 gallons. The same direc- 
tions apply to larger quantities of dip, proportionate amounts 
of ingredients being used. 

The tobacco-and-sulphur dip is made with sufficient extract 
of tobacco or nicotine solution to give a mixture containing 
not less than five one-hundredths of 1 per cent of nicotine and 
2 per cent flowers of sulphur. 

When Beaumont crude petroleum is used as a dip for cattle 
diseased with or exposed to scabies, one dipping only is neces- 



10 CATTLE SANITARY BOARD. 

sary in any case, and the cattle shall be submerged but once and 
shall not be held in the dip. 

The dipping shall be done thoroughly. When either the 
lime-and-sulphur or the tobacco-and-sulphur dip is used, the 
cattle shall be held in the dip two minutes unless the diseased 
cattle shall have been hand-dressed previously. The cattle 
shall be completely submerged twice. The dip shall be main- 
tained as nearly as possible at a temperature of 105 degrees 
F. while the cattle are in it. It shall be renewed as soon as it 
becomes filthy, regardless of the number of cattle that have been 
dipped in it, and in no case shall it be used when more than 
one week old. In emptying the dipping vat the entire contents 
shall be removed, including all sediment and droppings or other 
foreign matter. The Department assumes no responsibility 
for loss or damage resulting from the dipping. 

Regulation 26. Cattle shipped under a certificate from an 
inspector of the Bureau of Animal Industry are not guaranteed 
uninterrupted transit; for, in the event of the development of 
scabies or exposure to the disease en route, the cattle shall then 
be handled as diseased or exposed cattle and shall be dipped 
as hereinbefore provided, and the cars or other vehicles and the 
chutes, alleys and pens which have been occupied by them shall 
be cleaned and disinfected. 

Regulation 2J. Public stock yards shall be considered in- 
fected and the cattle yarded therein as having been exposed to 
the disease, and no cattle shall be removed from said public 
stock yards, except for immediate slaughter, without dipping. 
Where, however, a part or all of the stock yards is reserved and 
set apart for the reception of uninfected shipments of cattle and 
is kept free of disease, cattle may be shipped from the said in- 
fected yards or portions thereof without clipping. If diseased 
cattle are introduced into said uninfected yards or portions 
thereof, they shall be immediately removed therefrom and the 
chutes, alleys and pens used by them thoroughly cleaned and 
disinfected. No cattle shall be forwarded for feeding or stock- 
ing purposes from any stock yards where an inspector of the 
Bureau of Animal Industry is stationed without a certificate 
of inspection or of dipping issued by the said inspector. 

Regulation 28. Cars and other vehicles, yards, pens, sheds, 
chutes, etc., which have contained diseased cattle shall be 
cleaned and disinfected immediately after the cattle are removed ' 
therefrom, in the following manner: Remove all the litter 
and manure' and then saturate the interior surfaces of the cars 



TERRITORY OF NEW MEXICO. 11 

and woodwork, flooring, and ground of the chutes, alleys and 
pens with a 5 per cent, solution of 100 per cent, carbolic acid in 
water, with sufficient lime to show where it has been applied. 



United States Department of Agriculture, 

Bureau of Animal Industry. 
Local Office. 

Albuquerque, N. M., April 1st, 1905. 
List of dips approved by the Bureau of Animal Industry, and 
instructions for preparing- same. 

NICOTINE DIPS AND TOBACCO EXTRACTS. 

Crown Nicotine Solution, mfd. by Tob. & W. Trading Co., 
Louisville, Ky. 

To-Bak-Ine Nicotine Solution, mfd. by Detroit Nicotine Co., 
Detroit, Mich. 

Derby Nicotine Solution, mfd. by Atlantic Refining Co., 
Cleveland, Ohio. 

Scab Cura. 

Laidlaw & McKill's Tobacco Extract, mfd. Richmond, Va. 

Laidlaw & McKill's Tobacco Powder (Thistle Brand) 4 per 
cent, nicotine. 

Henderson's Tobacco Extract, mfd. Henderson, Ky. 

Black Leaf, mfd. by Ky. Tob. Product Co., Louisville, Ky. 

Burch's Tobacco Extract, mfd. Chicago, 111. 

Nicotine or Tobacco dips must not be boiled. Heat only to 
the temperature of dipping, 100 degrees to 105 degrees Fahren- 
heit. All Nicotine and Tobacco Extracts, when diluted, must 
contain five one-hundredths of one per cent, nicotine. A label 
guaranteeing this should be on each package. Add 16 lbs. 
Flowers of Sulphur to each 100 gals, of diluted dip. 

In preparing Nicotine or Tob. Extract dips, for each 100 
gals, place 16 lbs. Flowers of Sulphur in tub; add enough hot 
(not boiling) water to make a putty-like paste. Stir thor- 
oughly to break up all lumps. Then add enough Nicotine So- 
lution or Tob. Extract to make 100 gallons, according to label 
on package. Again stir thoroughly and put in vat. Multiply 
ingredients to make any desired quantity of dip. Keep vat 
well stirred, top to bottom and end to end, at temperature of 100 
degrees to 105 degrees. 

LIME AND SULPHUR. 

Rex Lime and Sulphur Dip, mfd. by Rex Stock Food Co., 
Omaha, Nebr. 



12 CATTLE SANITARY BOARD. 

Richard's Lime and Sulphur Dip, mfd. Crawford, Nebr. 

Tillotson's Lime and Sulphur Dip, mfd. Mitchell, Nebr. 

Above dips already prepared. Dilute according to direc- 
tions on package and heat to a temperature of ioo degrees to 
105 degrees. Keep vat stirred. 

To prepare Lime and Sulphur dip for sheep, use 8 lbs. fresh 
unslaked lime and 24 lbs. Flowers of Sulphur for each 100 gal- 
lons of dip. 

Thoroughly slake the lime, then add the sulphur. Place the 
mixture in boiling tank and boil between two and three hours, 
keeping mfixture well stirred. Use only sufficient water to 
boil without burning. When finished, add enough water to re- 
place that lost in boiling and allow to cool and settle. Use only 
the clear liquid, being careful to allow no sediment to get into 
the dipping vat. 

To prepare Lime and Sulphur dip for cattle, use 12 lbs. fresh 
unslaked lime and 24 lbs. Flowers of Sulphur for each 100 gal- 
lons of dip, and prepare as indicated above. 

The owner can choose any one of the above dips. No dis- 
crimination shall be made by Federal employes. All stock 
should be held in the dipping vat two minutes. 

Louis Metsker, Inspector in Charge. 



TERRITORY OF NEW MEXICO. 13 

Importation of Cattle into the Territory of New Mexico 

Adopted July 13th, 1905. 

The following rules and regulations will govern the move- 
ment of all cattle, horses and mules destined for points within 
the Territory of New Mexico, whether transported by rail or 
on foot : 

QUARANTINE RULES AND REGULATIONS. 

i. From and after this date it shall be unlawful for cattle, 
horses and mules of any class to be transported by rail, shipped, 
driven or moved in any manner whatever into the Territory 
of New Mexico from any state or territory or country except 
upon the written permission of the Secretary of the Cattle San- 
itary Board who will be governed by the following rules in is- 
suing permits. 

2. Transportation companies should see that health certifi- 
cates according to Rules 3, 4, 5, 6, 7 and 8 are attached to way- 
bills of shipments of live stock destined to points in New 
Mexico. 

Transportation companies, before entering the Territory with 
live stock, must inform the Secretary of the Cattle Sanitary 
Board at Las Vegas, stating: 

(a) Name of consignor and point of origin of shipment; 

(b) Name of consignee and destination of shipment; 

(c) Whether or not shipment is accompanied by a certifi- 
cate of health, and if so, by whom signed, and receive written 
authority for the admission of same. 

3. All persons desirous of shipping or driving live stock 
of any class into the Territory of New Mexico should secure 
at point of origin a certificate of health for the same from a 
Government, State or County Veterinarian, according to re- 
quirements of following rules, declaring the said animals to be 
free from all contagious and infectious diseases, including 
Scabies in Cattle and Glandus in Horses and Mules, and in the 
case of cattle, that each and every animal in said shipment or 
herd has been dipped for mange according to government re- 
quirements not more than 10 days before the date upon which 
they will enter the Territory of New Mexico. A copy 
of said health certificate should be sent to the Secretary at Las 
Vegas, as early as possible, and a copy should always be at- 
tached to the way-bill accompanying the shipment. (Dupli- 
cate blanks for certificates will be furnished on application.) 

4. Cattle offered from said districts not accompanied by 
such certificate will be inspected by the Territorial Veterinarian 



14 CATTLE SANITARY BOARD. 

or some duly authorized person at point of entry to the terri- 
tory, and treated or quarantined, as the exigencies of the case 
require, until free from infection. The expenses and salary of 
the Veterinarian to inspect such stock must be paid by the 
owner of the same. 

5. A regular certificate of health for shipments of dairy 
cattle in addition to the dipping certificate required by Par. 4 
is, all that is required for admission, but a certificate stat- 
ing that they have passed the tuberculin test is preferred, and 
the Board reserves the right to test such shipments when not 
accompanied by the tuberculin test certificate, at owner's ex- 
pense, on arrival at destination. 

6. All importations of live stock from the Republic of Mex- 
ico, shipped or driven directly into New Mexico, will be ad- 
mitted on certificate of United States Government Veterinarian, 
except cattle entering at points where Splenetic fever has been 
reported recently. At such points the Board reserves the right 
to inspect and place in temporary quarantine, if necessary, im- 
portations of cattle destined to points in New Mexico. 

7. When application is made for the admission of live stock 
into the Territory, not accompanied by proper health certifi- 
cate, the Territorial Veterinarian may inspect said stock at 
point of entry into the Territory before issuing such permit, 
and the owner of said stock shall pay the Territorial Veterinar- 
ian his legal mileage and salary to make such inspection. 

8. Stock may be shipped through New Mexico when not 
unloaded, whether accompanied by a certificate of health or not, 
but if unloaded in the Territory, the Board reserves the right 
to designate what corrals shall be used for stock not accom- 
panied by health certificate. 

CATTLE ORIGINATING SOUTH OF THE UNITED STATES QUAR- 
ANTINE LINE. 

9. The Cattle Sanitary Board adopts the regulations made 
by the U. S. Department of Agriculture governing the hand- 
ling of cattle originating south of the United States quarantine 
line established from time to time in addition to the following 
Rules: 

10. Catle from below the United States quarantine line may 
enter New Mexico to pass through by rail without certificate or 
bill of health provided that such shipments are reported to the 
Secretary of the Cattle Sanitary Board and are not unloaded in 
the Territory, except in quarantine corrals for the purpose of 



TERRITORY OF NEW MEXICO. 15 

feeding and watering, for a period not exceeding twenty-four 
hours. 

ii. Cattle from points in the United States south of the 
U. S. quarantine line will be admitted by rail, for immediate 
slaughter, in New Mexico, provided they are consigned to par- 
ties who have built special quarantine slaughter pens immedi- 
ately adjoining the railroad in accordance with the regulations 
of the U. S. Department of Agriculture and the special rules 
of the Live Stock Sanitary Board. (Special rules of Board 
furnished on application). 

12. All cars carrying cattle from the quarantine area shall 
bear on both sides printed manilla placards not less than 5'| 
by 8 inches in size, the letters of which shall be plain and not 
less than i| inches in height to be affixed by the railroad com- 
pany hauling the same, stating that said cars contain "south- 
ern cattle" ; and each of the way-bills, conductor's mani- 
fests, and bills of lading of said shipments by cars or boats shall 
have a note plainly written or stamped upon its face with a 
similar statement. The placards shall state the name of the 
place from which the shipment was made, with the date, and 
the name of the place of destination ; said date must correspond 
with the date of the way-bill and other papers. Whenever 
any cattle have come from said area and shall be re-shipped 
from any point at which they have been unloaded to other points 
of destination, or are transferred to another transportation 
company, the cars carrying said animals shall bear on both 
sides similar placards with like statements, and the way-bills, 
conductor's manifests, or bills of lading of said shipment bl- 
ears, or boats shall be so marked. At whatever point these 
cattle are unloaded they must be placed in separate pens to 
which no other cattle shall be admitted without the written 
order of the Secretary of the Board. This applies especially 
to instances where cattle are unloaded in other than quarantine 
corral on account of accident or delay. Such instances must 
be reported immediately to the Secretary of the Board. 

13. The cars and boats used to transport such animals, the 
chutes, alley-ways, and pens used during transportation and at 
points of destination shall be disinfected, when ordered, in the 
following manner : 

(a) Remove all litter and manure. This litter and manure 
may be disinfected by mixing it with lime or saturating it with 
a 5 per cent, solution of ioo per cent, carbolic acid; or it may 
be thoroughly burned. 



16 CATTLE SANITARY BOARD. 

(b) Wash the cars and the watering and feeding troughs 
with water until clean. 

(c) Saturate the entire interior surface of the cars, includ- 
ing the inner surface of the doors, and the fencing, troughs, 
chutes, and floors of the pens with a mixture made of im- 
pounds of lime and ^ pound of ioo per cent, carbolic acid in 
each gallon of water, or a solution made by dissolving 4 ounces 
of chloride of lime to each gallon of water may be used. 

The disinfection of cars and corrals must be approved by the 
Secretary of the Board before the same are used. 

14. Cars used within the quarantine district for the trans- 
portation of southern cattle must not be brought into the Ter- 
ritory of New Mexico for use in transporting either live stock 
or merchandise unless they have been previously disinfected 
according to Section "C" of Rule 13; except when loaded with 
cattle in course of transportation in accordance with these regu- 
lations. 

Violation or evasion of any of the foregoing Rules and Reg- 
ulations will be subject to penalty as provided by law. 

Superintendents of railroads will report as early as possible 
all shipments of live stock in transit into or through the Ter- 
ritory, as directed herein, and they will be given proper direc- 
tions as to handling the shipment ; thus avoiding delays and un- 
necessary expense. 

All inspectors at various shipping points in New Mexico are 
required to familiarize themselves with the foregoing Rules 
and Regulations, and report any violation of same. 



INSTRUCTIONS TO INSPECTORS. 

i. Keep in touch with the railroad dispatchers. Arrange 
with them to give you timely notice when cars are ordered for 
shipping points, so that you may plan your movements accord- 
ingly. 

2. If possible look through the herd before it is corralled, 
in order to more thoroughly satisfy yourself as to the brands 
of the cattle. 

3. Make no inspection at night except in cases of work 
horses or shipments of emigrant or family outfits where cattle 
may be examined in cars by aid of lanterns. 

4. Assure- yourselves that every animal in the herd is ac- 
counted for. Allow no animals to be shipped except those 
for which the shipper holds bills of sale or owns the brands 



TERRITORY OF NEW MEXICO. 17 

upon the cattle or has the proper authority from the owners to 
allow him to ship them. 

5. Any animals found in a herd for which the shipper can 
give no proper authority must be treated as estrays and either 
turned back upon the range or shipped as estrays. 

6. In such cases inspectors must use their best judgment as 
to their action. If the animal is some distance from the range 
and the shipper will buy it at market figures sell it to him and 
remit proceeds to this office together with regular stray report 
No. 7 or 8. 

7. If shipper will not purchase the animal and cattle are 
destined for either Kansas City or Denver, you are instructed 
to ship it if shipper will allow you to do so, to the Board's in- 
spector at either of these points immediately notifying said in- 
spector of the animal so shipped giving him full description of 
the animal, brands and all other necessary data that will enable 
the inspector to readily discover the estray. 

Address your letter to Inspector New Mexico Cattle Sanitary 
Board, Kansas City Stock Yards, or Denver Stock Yards, as 
case may be. 

8. In reporting strays whether Horses, Mules or Cattle, 
always be very careful to give all brands on every animal in 
order that the ownership of the animal may be decided more 
carefully. Never omit ear marks from reports. 

9. If an inspector handling a stray knows of any claimant 
for the animal he should give name and address upon report 
in order that the secretary may correspond with them and deter- 
mine the ownership fairly and justly. 

10. In selling estray horses especial caution must be exer- 
cised not to allow valuable animals to be sold and shipped away 
as strays which the owners would not care to sell for the price. 
To this end inspectors are warned not to sell any broke animals 
either saddle or work horses unless brands have first been re- 
ported to this office and authority given to ship them. 

The only horses that should be sold are wild and unbroken 
mares, colts and geldings. Never sell as an estray any stallion 
that in your opinion is one kept for breeding purposes. 

For the definition of the word estray see Section 120, Page 
these laws. 

11. For the purposes of disposing of the many estray horses 
and cattle that are found by ranchmen and others at points and 
at times when it is not practicable to ship them out of the Ter- 
ritory the Board under power vested in it by Section 223, Com- 
piled Laws, authorizes the following procedure. 



18 CATTLE SANITARY BOARD. 

12. Any inspector of this Board upon being notified by any 
person that they have in their possession certain horses, mules 
or cattle which are estrays and whose owners are not known in 
that vicinity; shall procure from said person a list of the brands 
and marks of the estray animals. 

13. Upon receiving- said brands and marks the Inspector 
shall report the m&tter at once to the Secretary of the Cattle 
Sanitary Board and if said brands are of record he, the Secre- 
tary, shall inform the owners of the brands of the facts and 
ask them for instructions. 

14. If the owners of the brands in question do not reply 
within a reasonable time or the brand proves not to be a record- 
ed brand or the animal not the property of the person owning 
the brand the Secretary shall then direct the Inspector to ad- 
vertise said animals substantially as follows in some paper of 
general circulation within the County in which said animals 
are held paying therefor the sum of $2.00 (see Section 137, 
Compiled Laws). Said advertisement to appear not less than 
once a week for four successive weeks. 

15. Form of advertisement. 

Sale of Estray Horses (or Cattle). 

By order of the Cattle Sanitary Board of New Mexico 
and in accordance with Sec. 223, compiled laws of N. M., I 
will sell at public auction to the highest bidder, unless sooner 
claimed by the owner. 

Sale at 1905, at 11 o'clock a. m. 

Dist. No 

1 6. Should there be no paper published in said County or 
should for any reason the publisher thereof decline to receive 
said advertisement for the amount authorized then the Inspec- 
tor shall post notices in writing in at least three public places 
in said County to the same effect. 

17. The Inspector on the day of sale shall conduct the 
auction and dispose of the animals to the highest bidder, but no 
bid shall be received that does not realize sufficient amount to 
equal at least twice the amount of costs of the sale including 
all expenses and a fee of 50 cents per head to the Inspector for 
each animal sold but not to exceed a total of $5.00 to be paid 
the Inspector for his services for such sale. 

18. The Inspector shall give a bill of sale in the name of 
the Cattle Sanitary Board of New Mexico to the purchasers 
and shall report the amount received less the costs of sale herein 
designated, to the Secretary of the Board upon Form No. 7 for 
cattle and 8 for horses, mules and asses. Attaching thereto 
a copy of the advertisement of the sale. 



TERRITORY OF NEW MEXICO. 19 

19. Inspectors must make frequent visits to the various 
slaughter houses and butcher shops in their districts and assure 

'themselves that butchers have filed the bond as required in 
Section 84, Compiled Laws, also that they keep up properly the 
book required to be kept of all brands and marks of cattle 
slaughtered by them as provided in Section 86, Compiled Laws ; 
and also, that the butchers can show bills of sale as required 
under Section 119, Compiled Laws, for each and every animal 
slaughtered by them except those of their own raising and bear- 
ing their own duly recorded brand. 

20. If any butcher is found to be violating any of these re- 
quirements you will at once report to the Secretary for his in- 
structions. 

21. In tagging hides place the tags somewhere near the root 
of the tail. By always placing them where it will be easy for 
other inspectors looking over a bunch of hides to find those 
which have already been inspected and tagged. 

22. Use the tags in their numerical succession as nearly as 
possible. Don't leave them lying around where they can be 
lost or stolen for each tag represents ten cents fee and is charged 
up against each inspector's account and he is given credit for it 
when the number is reported on inspection report of hides in- 
spected. (Form No. 3). 

23. Arrange with butchers -and hide dealers to make your 
inspections as frequently as possible and to suit their business 
arrangements whenever you can do so and not conflict with 
your other duties. 

It is not the Board's desire to work any more hardship upon 
these persons than is positively unavoidable with a just and 
careful enforcement of the law. 

24. While the law says that butchers and others slaughter- 
ing animals for their own use or for sale shall keep the hide in 
their possession for 30 days unaltered and unmutilated, the 
Board has always held that where the hides have been duly 
tagged and inspected by our inspectors they may be shipped 
before the 30 days has expired believing that the full intent of 
the law has been complied with when the hides have been in- 
spected and a record made of the brands. 

25. Inspectors need not tag nor charge for inspecting calf 
hides but they should look them over as a matter of caution to 
see what brands, if any, they bear. 

26. Inspectors will inspect, tag and collect fees on all other 



20 CATTLE SANITARY BOARD. 

hides found in their district whether branded or unbranded, 
whether the cattle were raised in this Territory or shipped in 
here for slaughter. 

27. Inspectors will understand that their fees are a lien 
upon all hides they inspect and tag and that the hides cannot be 
moved from 1 the place of inspection, without the fees are first 
paid, either by rail or other means of transportation without 
violating the law providing for said inspection and fee. 

28. Inspectors in filling out reports will always be careful 
to locate the brands on the animal using "L N" for left neck, 
"L Sh" for left shoulder, "L R" for left ribs, "L H" or "Th" 
for left hip or thigh. 

29. Inspectors will at the end of each month send in item- 
ized bill for such necessary expenses as they have incurred in 
carrying out their duties during the month. 

30. Whenever in a shipment of cattle or horses you allow 
the shipper to ship animals that do not belong to him and for 
which he has no bill of sale or other authority you will imme- 
diately after shipment is made drop a postal card Form No. 10 
to the person owning the animals giving full information as to 
number, ages, etc., of animals shipped. 

This is in cases where one responsible man is allowed to ship 
the animals of his neighbors the inspector knowing it is done 
with the approval of the absent owners. 

3 1 . The instructions of previous rule must not be construed 
to allow an indescriminate shipping of cattle by persons not 
having the full right to do so. Inspectors must know beyond 
any doubt that the shipper has an unquestioned right to ship 
the animal. If there is the least doubt in your mind you will 
treat the animal as a stray and either take the proceeds and send 
to this Board or turn the animal loose again. 

32. When there is more than one shipping or slaughtering 
point in any inspection district, the inspector of that district 
may recommend to the board a deputy inspector. The inspec- 
tor, under no circumstances, is to require any deputy to make 
any inspection of cattle shipped out of the Territory, except 
when he, the reguar inspector, has an inspection of cattle to at- 
tend to on the same date at another shipping point. Deputy 
inspectors doing work as per conditions laid down in this rule, 
will be paid at the rate of $2.50 per day by the Board, but any 
work done contrary to these instructions, as when the regular 
inspector is sick, absent on his private business from the dis- 
trict, or could have made the inspection himself, the deputy in- 
spectors charges must be paid by the regular inspector. 



TERRITORY OF NEW MEXICO. 21 

33. Bills for deputy work clone under the preceding rule, 
must be forwarded by the regular inspector with his O K and 
statement as to why he was unable to do the work himself. 

34. Such deputies must report direct to the regular inspec- 
tor under whose jurisdiction they are employed but in cases 
where it is necessary for the Secretary to appoint a deputy in 
emergencies by wire or otherwise and they report direct to him 
they must report the full fees received by them with their report 
and attach a bill for services to the report which will be paid 
by warrant. 

It has heretofore been a practice for such deputies to with- 
hold their fees the amount of their per diem, and remit the bal- 
ance. This must not be done. 

35. Where ranches are located near the boundary line of 
New Mexico, and cattle range on both sides of the line, inspec- 
tors will be governed as to whether the cattle belong in New 
Mexico or not by the state or territory in which taxes are paid 
upon the cattle by the owners. If taxes are paid in New Mex- 
ico, the cattle will be considered as belonging in New Mexico. 

36. Bills of sale are not required for hides purchased by 
butchers or hide dealers. The bill of sale required under Sec- 
tion 119, Compiled Laws, is for the animal and inspectors in 
checking up butchers should see that the brands on hides taken 
from the animal corresponds with the brands given in the bill 
of sale. This, however, is as far as the bill of sale follows the 
hide. 

37. Butchers buying hides however, should for their own 
protection take down the brands on every hide purchased by 
them and keep a record of the seller's name marking the hide 
with some initial or number so that in case of tracing stolen 
cattle they can prove from whom they purchased the hide. 
This is not the rule of the Board but merely a suggestion for 
the protection of butchers who deal in hides as it enables them 
to prove themselves innocent when found in possession of a 
hide taken from some stolen animal. 

38. When an inspector whether regular or a deputy is em- 
ployed by the Board he is presumed to mount himself when 
making inspections at his regular station and no bills for horse 
hire will be allowed under such circumstances. When inspec- 
tors are away from their regular stations and are forced to hire 
saddle horses to reach the herds to be inspected, such expense 
will be allowed on the statement of the inspector that he could 
not otherwise reach the point of inspection, or that the party 



22 CATTLE SANITARY BOARD. 

desiring the inspection would not furnish some means of reach- 
ing the herd. 

39. Whenever a deputy makes an inspection and has no 
regular form to report upon, the regular inspector to whom he 
reports must fill out the usual forms when sending in the depu- 
ty's report, signing it as done by a deputy, so that the books in 
this office will agree with your Form 9 at end of month. 

40. Inspectors must make requisition on the Secretary for 
blanks, etc., in time so as not to be caught without the necessary 
forms with which to make inspections and reports. 

41. Attention of inspectors is called to the provisions of the 
new law regarding use of unrecorded brands. Chapter 95, 
Laws 1905, Page 

Inspectors knowing of violations of this law should call per- 
son's attention to the law and if persisted in report facts to this 
office for further action. 

42. Inspectors will carefully watch all importations of cat- 
tle, horses and mules into this Territory, whether driven or 
shipped. Such animals must all have the necessary Health 
Certificate required by the quarantine rules and regulations 
published in this book, and inspectors hearing of or knowing 
of any such importations in violation of these quarantine regu- 
ations will at once wire the Secretary of the Board for instruc- 
tions and also notify the person in charge that they have viola- 
ted the law and see that the animals are not moved until the 
laws have been fully complied with or are released by order of 
the Board. 

This provision applies equally to all imported animals wheth- 
er shipped in from the far eastern states or trailed across the 
line from neighboring states. And whether they number 
hundreds or only one. The object of the restriction is to as- 
sure ourselves that all such animals are free from disease at the 
time they enter New Mexico. 



TERRITORY OF NEW MEXICO. 23 



COMPILED LAWS OF 1897 



Section 64. Each drove of cattle or sheep which may be 
driven into or through any county of this Territory shall be 
plainly branded or marked with one uniform brand or mark. 
The cattle shall be so branded with the distinguishing ranch or 
road brand of the owner as to show distinctly in such place or 
places as the owner may adopt. Any such owner or owners, 
or person in charge of such drove, which may be driven into or 
through the Territory who shall fail to comply with the pro- 
visions of this act, shall be fined not less than fifty nor more 
than three hundred dollars, at the discretion of the court. 

Sec. 66. Any stock grower of this Territory may adopt and 
use an ear mark, and such ear mark shall be taken in evidence 
in connection with the owner's recorded brand in all suits at 
law or in equity in which the title to stock is involved. Such 
ear mark shall be made by cutting and shaping the ear or ears 
of the animal so marked, but in no case shall the person so 
marking the animal cut off more than one-half of the ear so 
msarked, neither shall anyone mark by cutting an ear on both 
sides to a point. No county clerk or recorder shall record the 
same ear mark to more than one person. 

Sec. 67.- For the purposes of this act and in the prosecutions 
arising under the same, or in the prosecution of any offense 
arising under the laws of this Territory in regard to the unlaw- 
ful taking, handling, killing, driving or other unlawful dispo- 
sition of animals of the bovine kind, the description "neat cat- 
tle" in any indictment shall be deemed sufficient, and the proof 
of the brand by a certified copy of the registration thereof in 
the territorial brand book, under the seal of the Cattle Sanitary 
Board, certified to by the Secretary of said Board, shall be suf- 
ficient to identify all horses, mules, asses or neat cattle, and 
shall be prima facie proof that the person owning the recorded 
brand is the owner of the animal branded with such brand. 

Sec. 68. If any person shall brand or mark, or cause to be 
branded or marked, with his, her, or their brand, or any other 
not the recorded brand of the owner, any animal being the 
property of another, or shall efface, deface, or obliterate any 
brand or mark upon any animal any such person so offending 
shall be deemed guilty of larceny, and on conviction thereof 



24 CATTLE SANITARY BOARD. 

shall be confined in the penitentiary not less than one year nor 
more than five, as the Court may direct, and shall also be liable 
to the owner thereof for three times the value of the animal so 
branded or marked, or upon which the brand or mark shall have 
been so effaced, defaced, or obliterated, and in no case shall the 
payment of the forfeiture herein mentioned entitle the person 
so branding, effacing, defacing, or obliterating a brand to the 
property in the animal so branded, or upon which the brand 
was effaced, defaced, or obliterated, but such animals shall be 
surrendered to the proper owner. 

Sec. 69. When the stock of any resident shall intermiz with 
any drove of animals, it shall be the duty of any drovers or per- 
sons in charge to cut out and separate such stock from said 
drove immediately, except in case of sheep or horses, when they 
shall be driven to the nearest suitable corral to be separated. 
Any person, either owner, or drover, or otherwise connected 
with the management of such drove, who shall neglect to com- 
ply with the provisions of this section shall be fined in any sum 
not exceeding five hundred dollars for every offense and shall 
be liable to indictment for larceny. 

Sec. 70. Any person or persons not being the owner or own- 
ers, or having the right of possession of any animal or animals, 
who shall be found driving or leading any such animal or ani- 
mals from its or their usual range, such persons or persons may 
be arrested by any constable, officer, or other person specially 
deputed for such purpose by a judge or justice of the peace, 
and such person or persons may be taken before any court of 
competent jurisdiction for examination and trial, and if found 
guilty shall be punished as for larceny. In prosecutions for a 
violation of the provisions of this section it shall not be neces- 
sary in order to warrant a conviction, for the people to prove 
that the offense was committed knowingly or willfully, or to 
show an intent, purpose or motive on the part of the accused: 
but if it shall be shown that the accused had in his possession or 
under his control or supervision any animal so being led or 
wrongfully driven from its usual range, as aforesaid, or that 
the accused assisted in so leading or driving away any such 
animal without having the right of possession thereof as afore- 
said, such showing shall be sufficient to warrant a conviction, 
unless the accused shall by testimony in his behalf explain the 
case made against him in such manner as to show good faith 
and an innocent purpose on his part. 

Sec. 71. Whenever the stock of any person in New Mexico 
shall be driven off its range without the owner's consent by the 



TERRITORY OF NEW MEXICO. 2i) 

drover of any herd or drove, every person engaged as drover 
of such stock, or otherwise engaged in the care and manage- 
ment thereof, shall be liable to indictment and punishment as 
for larceny, and shall be liable for damages to the amount of 
two thousand dollars, together with all costs accruing in the 
trial of said cause, and said herd of stock or a sufficient number 
to cover all damages and costs shall be held liable for the same. 
Sec. 72. Any person, persons, company or corporation or 
their or either of their agents or employes, having charge of 
any drove of bovine cattle, horses or other animals for the pur- 
pose of driving the same into or through any county of this 
territory, of which the owner or person having exclusive right 
of possession or control by lease or otherwise of any such drove 
is not at the time a resident or land owner, and where land in 
any such county is occupied by actual settlers or ranchers, it 
shall be the duty of the person or persons in charge of any such 
drove to prevent the same from mixing with the cattle, horses 
or other animals belonging to such actual settlers or ranchers 
and also to prevent such drove or any of the animals therein 
from trespassing upon any such lands as may be the property 
or in the possession of any such actual settlers or ranchers and 
used by them for the grazing of domestic animals or the grow- 
ing of hay or other crops or from doing injury to ditches. It 
shall also be the duty of the owner or person in charge of any 
such drove, for the purpose of driving the same into or through 
any such county, to close-herd the same in such manner as to 
prevent the animals therein from scattering and being left 
along the route traveled before reaching their destination, and 
to procure and have a sufficient number of men and saddle 
horses for that purpose. And it shall also be the duty of any 
such owner or person in charge of any such drove for the pur- 
pose aforesaid to prevent the same from drinking at any water- 
ing place in any such county while in transit, where the water 
at such place shall be owned by another, without first having 
acquired permission so to do by such owner. It shall be un- 
lawful for the owner or person in charge of any such drove for 
the purpose aforesaid while driving the same into or through 
any such county and before reaching their destination to delay 
said drove at any places along the route of transit less than 
six miles apart and not to exceed twenty-four hours at any one 
place. If the owner or person? in charge of any such drove 
for the purpose aforesaid shall willfully injure any resident of 
the territory by driving such drove or permitting it to be driven 
from the public highway and by herding the same on lands oc- 



26 CATTLE SANITARY BOARD. 

cupied and improved by settlers or ranchers or shall knowing- 
ly violate any of the provisions of this act, it shall, in either 
case, constitute a misdemeanor and on conviction the accused 
shall be punished by a fine not less than fifty dollars nor more 
than five hundred dollars, in the discretion of the court, and 
render the owner of such drove liable for all damages and losses 
incurred or suffered thereby by anyone, which said losses or 
damages from and after the time they shall accrue shall be and 
constitute a lien upon the animals in such drove and shall be 
sufficient grounds for attachment to secure the payment of any 
judgment that may be obtained therefor; such attachment may 
issue and be in force upon an affidavit showing the facts con- 
stituting such lien and damages as herein provided and filing 
a bond as in other cases of attachment and in manner as now 
provided by law. 

Sec. 73. Hereafter it shall be unlawful for any person or 
persons, company or corporation to turn loose upon any com- 
mon or public range in this Territory any she or female cattle 
unspayed and over the age of nine months without at the same 
time turning loose and keeping herded with the same, at the 
rate of at least one good bull, not less than nine months nor 
more than eight years old, of at least one-half pedigree stock, 
to every twenty head of such she or female cattle ; Provided, 
that any person or persons, company or corporation, now own- 
ing such she or female cattle upon any common or public range 
in this Territory, and not having with said cattle such bull or 
bulls of number and kind as herein described, shall procure the 
same and turn them loose with said cattle on or before the 1st 
day of January, 1892; and any person or persons, company or 
corporation, violating the provisions of this act shall, upon con- 
viction thereof, be punished by a fine of not less than twenty- 
five nor more than five hundred dollars and be liable to the per 
son or persons injured or damaged by such violation in an ac- 
tion at law for the amount of the injury or damage sustained: 
Provided, further, that the words "pedigree bull", shall not be 
construed to mean a Texas or Mexican bull. 

Sec, 74. Any person or persons who may skin or remove 
from the carcass, any part of the hide of any neat cattle found 
dead without permission from the owner, shall be deemed guil- 
ty of larceny, and on conviction thereof, shall be punished in 
the m(anner provided by law for the punishment of larceny; 
Provided, Nothing herein shall be deemed to prevent the skin- 
ning of animals killed by railroad companies, by the employes 



TERRITORY OF NEW MEXICO. 27 

of any railroad company by which such stock may have been 
killed. 

Sec. 75. No person or persons, whether as principal or 
agent, shall hereafter sell or otherwise dispose of any neat 
stock, nor shall any person, whether as principal or agent, buy, 
purchase or otherwise receive any such stock, unless the per- 
son or persons so selling or disposing of any such stock shall 
give, and the person or persons buying, purchasing, or other- 
wise receiving any such stock, shall take a bill of sale in writ- 
ing of the stock so sold, or disposed of, or so bought, pur- 
chased, or otherwise received, as the case may be, which bill 
of sale shall be witnessed by two witnesses residents of the 
county where sale is made. 

First : When such stock or any part thereof is to be shipped 
from the territory, or slaughtered by the purchaser, or when 
the said stock or any part thereof is to be, by such purchaser, 
sold to any other person or persons for shipment or slaughter- 
ing, or is to be by any such other person or persons offered for 
sale, for shipment or slaughtering. 

Second : When any such stock is to be driven, led, taken or 
shipped to any market, range or other place more than ten miles 
distant from the place of delivery thereof, upon any such saie 
or purchase, or when any such stock is to be led, driven, taken 
or shipped to any market, range, or other place more than ten 
rriiles distant from the place where such stock may be herded, 
or kept, or permitted to range, at the time of the sale or pur- 
chase thereof, or to any market, range, or other place more 
than ten miles distant from the place where such stock may 
have been herded, kept or permitted to range, for any portion 
of the three months next preceding such sale or purchase. 

Third : When any such stock, so sold or purchased, is at 
the time of such sale or purchase, or for any part of the sixty 
days next prior thereto, has been running at large upon an un- 
enclosed range; but this provision shall not apply to sales of 
stock when the persons who sell are selling stock of which they 
have had actual and personal control and supervision daily for 
the said period of sixty days next prior to the sale thereof, and 
are rightfully entitled either as principal or agent to sell and 
dispose of the same. 

Sec. 76. Any person who shall violate or fail to comply 
with any of the provisions of the last foregoing section shall 
be deemed guilty of a misdemeanor, and upon conviction shall 
be fined in a sum of not less than twenty-five dollars nor more 



28 CATTLE SANITARY BOARD. 

f 

than five hundred dollars, or imprisoned in the county jail not 
less than thirty days nor exceeding six months, or may be 
punished by both fine and imprisonment, in the discretion of the 
court. 

Sec. yy. It shall be the duty of any person who may have 
purchased or received, or have in his possession any such stock, 
either for himself or for another, to exhibit, on reasonable re- 
quest to any person inquiring therefor, the bill of sale of such 
stock, if in his power so to do, and if not in his power so to 
do, to state and give the reason therefor; and any person vio- 
lating or failing to comply with the provisions of this section 
shall be deemed guilty and liable to punishment, as provided in 
the next preceding section. 

Sec. 78. The provisions of the last three sections shall be 
liberally construed in favor of the people, and in order to con- 
vict of any offense made punishable in any of the said sections 
it shall not be necessary for the prosecution to prove knowledge, 
intent, purpose or motive on the part of the accused, but such 
knowledge, intent, purpose and motive may be presumed when 
the wrongful act of the accused has been shown, and shall jus- 
tify a conviction, unless the testimony in the case shall satis- 
factorily show the good faith and innocent purpose of the ac- 
cused. 

Sec. 79. Any person who shall steal, embezzle or know- 
ingly kill, sell, drive, lead or ride away, or in any manner de- 
prive the owner of the imimediate possession of any neat cat- 
tle, horse, mule, sheep, goat, swine, or ass; or any person who 
shall steal, embezzle, or knowingly kill, sell, drive, lead or ride 
away, or in any manner apply to his own use any neat cattle, 
horse, mule, goat, sheep, ass, or swine, the owner of which is 
unknown; or any person who shall knowingly purchase from 
anyone not having the lawful right to sell and dispose of the 
same, any neat cattle, horse, mule, sheep, swine, or ass, shall 
be deemed guilty of a felony, and on conviction thereof in any 
court of competent jurisdiction, shall be punished by imprison- 
ment not less than one year nor more than five years, and by 
a fine not less than five hundred dollars, nor more than five 
thousand dollars at the discretion of the court. 

Sec. 80. All cases which are by this act declared to be lar- 
ceny and in all cases of felonious, taking, stealing, riding, driv- 
ing, leading, and carrying away of any animal or animals 
herein referred to, the same shall be deemed and taken to be, 
and the courts of this Territory shall construe the same to be 



TERRITORY OF NEW MEXICO. 29 

grand larceny, subjecting the offender or offenders to be con- 
demned to the penitentiary for a term of not less than one year 
nor more than ten years, except as otherwise provided for in 
this act, notwithstanding the value of such animal or animals 
may be less than twenty dollars. 

Sec. 81. Any person or persons who may sell or offer for 
sale, or trade any neat stock upon which such persons have not 
their recorded mark or brand, or for which the person so of- 
fering has neither bill of sale nor power of attorney from the 
owner of such stock authorizing such sale, every person so of- 
fering shall be deemed guilty of larceny, unless such person 
upon trial shall establish and prove that he was at the time the 
actual owner of the stock so sold or traded, or offered for sale 
or trade, or that he acted by the direction of one shown and 
proved to be the actual owner of such stock; and in prosecu- 
tions for a violation of this section it shall not be necessary in 
order to warrant a conviction for the people to prove motive, 
intent, or purpose on the part of the accused, or that the ac- 
cused knew that the stock sold or traded, or offered for sale 
or trade, was so sold, traded, or offered in violation hereof; 
but the fact of such selling, trading, or offering for sale or 
trade contrary to the provisions hereof, when proved, shall be 
sufficient to authorize a conviction, unless the accused shall by 
testimony explain the case made by the people in a manner 
consistent with good faith and innocent purpose. 

Sec. 82. Hereafter it shall be unlawful for any person to 
take up from any range, ranch, farm, corral, yard or stable, 
any horse, mule or other animal, and use the same without the 
consent of the owner of any such animal or of the person hav- 
ing the same in charge. 

Sec. 83. Any violation of the foregoing section shall be 
deemed a misdemeanor, and the punishment therefor shall be 
a fine of not less than twenty-five dollars nor more than one 
hundred dollars, one-half of which shall g6 to the school fund 
of the county in which the offense may have been committed, 
and the other half to the owner of any such animal used or 
taken up, as aforesaid, or by imprisonment in the county jail 
for a period not exceeding six months, or by both such fine 
and imprisonment in the discretion of the court. 

Sec. 84. Every person before he shall set up and carry on 
the trade of a butcher or slaughterer of horned cattle in this 
Territor)^, shall file a bond, approved by the county commis- 
sioners, with the clerk of the county in which he desires to 



30 CATTLE SANITARY BOARD. 

carry on the business, in the sum of not less than one thousand 
dollars nor more than five thousand dollars, running to the 
people of the Territory of New Mexico, conditioned that he 
shall keep a true and faithful record, in a book kept for the 
purpose, of all cattle purchased or slaughtered by him, witli 
description of the animal, including marks, brands, age, weight, 
and from whom purchased, and the date thereof, and to keep 
the hides and horns of such animals free to the inspection of 
all persons for the period of thirty days after it is slaughtered. 

Sec. 85. Every person who shall be found carrying on the 
business of butcher or slaughterer in this Territory without 
having filed the bond provided in the eighty-fourth section 
shall be deemed guilty of a misdemeanor and be fined in a sum 
not less than fifty, nor more than one hundred dollars, for every 
day he shall carry on such business, to be recovered before any 
justice of the peace of the proper county or by indictment in 
the district court. 

Sec. 86. Every person who shall carry on the business of 
butcher or slaughterer of horned cattle, and shall fail to keep 
a true and faithful record, in a book kept for the purpose, of 
all cattle purchased or slaughtered by him. together with a de- 
scription of each animal, including marks, brands, age, weight, 
and from whom purchased, and the date thereof, or fail to 
keep the hide and horns of such animal or animals for thirty 
days after such animal is slaughtered, shall be deemed guilty 
of a misdemeanor, and for each offense fined in a sum not less 
than ten, nor more than one hundred dollars, to be recovered 
as provided in the preceding section. 

Sec. 87. The record provided for in this act shall be open 
to the inspection of all persons, and also the hide and horns, 
for the period of thirty days, and any butcher or slaughterer 
refusing to permit such inspection or examination shall be sub- 
ject to a fine of not less than ten, nor more than twenty-five 
dollars, for each offense, to be recovered as provided in the 
preceding sections. 

Sec. 88. All fines and penalties so recovered under this act 
shall be paid into the county treasury of the proper county, and 
the offender and his sureties shall be liable on the bond pro- 
vided for in the eighty-fourth section for all fines, penalties 
and costs adjudged against him under the provisions of this 
act. Said bond may be sued on in the name of the people in 
any court of competent jurisdiction. 

Sec. 89. Any person killing or causing to be killed any bo- 



TERRITORY OF NEW MEXICO. 31 

vine cattle or sheep for his own use, or for the use of others, or 
for the purpose in whole or in part of sale or exchange, is here- 
by required to keep in his own possession, unchanged and un- 
mutilated, and in condition to be easily inspected and examin- 
ed, all hides and pelts of such bovine animals, including the 
ears, for the period of thirty days after the killing, and of sheep 
ten days after the killing, and shall at any time while such 
hides or pelts remain in his possession, permit the same to be 
inspected and examined by any sheriff, deputy sheriff, or con- 
stable, or by any board, or inspector or other officer authorized 
by law to inspect any hides and pelts or animals, whether dead 
or alive; Provided, however, That the provisions of this act 
shall also apply to the killing by persons engaged in any public 
roundup of animals for the use in connection with the making 
of such roundup. 

Sec. 90. Each violation of the provisions of this act shall 
be punished in the discretion of the court in which a conviction 
is had, by a fine of not less than twenty-five nor more than one 
hundred dollars, or by imprisonment not exceeding three 
mbnths, or by both such fine and imprisonment. 

Sec. 91. Inability or refusal to show such hide or pelt to 
any proper authority within said period of thirty days, or a re- 
fusal to show it at any time thereafter while remaining in *the 
possession of the person by or for whom the animal was killed, 
shall be prima facie evidence of a violation of the provisions 
of this act, and shall be competent evidence to go to the jury 
upon the trial of any indictment against such person or persons 
for the larceny of any animal or animals, or for the receiving 
of stolen property. 

(Note: Section 92 Repealed.) 

Sec. 93. All laws and parts of laws in conflict with this act 
are hereby repealed, and this act shall be in force from and 
after its passage; but this act shall not be construed as repeal- 
ing or in any manner changing the provisions of sections 
eighty-four to eighty-eight, both inclusive. 

Sec. 94. Hereafter it shall not be lawful for any person to 
carry firearms or deadly weapons at any cattle roundup in this 
Territory, and any person violating the provisions of this sec- 
tion shall be fined in any sum not less than twenty-five dollars, 
nor more than one hundred dollars. Justices of the peace 
shall have jurisdiction in all cases arising under this section. 

Sec. 95. Copies of all contracts heretofore made- or here- 
after made by the owner of any animals, such as sheep, bo- 



32 CATTLE SANITARY BOARD. 

vine, cattle, horses and of any other class or kind, with any- 
other person, for the herding or caring for the same, for pay- 
or on shares, or in any other manner, may be filed with the 
clerk of the probate court of the county where the owners, or 
either of them reside, if he resides in the Territory, and if the 
owners, nor either of them, do not reside in the Territory then 
the said copies may be filed with the clerk of the probate court 
of the county in which the contract may be made; and when 
such copies are so filed, they shall be notice to every one of the 
contents of such contracts, and of the legal effect thereof, and 
of the usages and customs relating thereto. 

Sec. 96. When any one has or shall receive from the owner 
thereof any sheep, bovine cattle, horses or other animals under 
written contract, for the herding or caring for the same for pay 
or on shares, or in any other manner, except by absolute pur- 
chase, such as sheep, bovine, cattle, horses or other animals, 
together with the increase and product thereof at all times, and 
until the full completion of such contract according to the 
terms thereof, shall be and remain the property of the said 
owner or owners, so letting them out to be herded or cared for ; 
and the person or persons so receiving the same for such pur- 
pose shall have no authority or right to sell, transfer, mort- 
gage, or dispose of the same, or any part thereof, in any man- 
ner whatever without the express consent of the owner or 
owners thereof, and when a copy of any such contract shall be 
filed with the clerk of the probate court, as provided in the pre- 
ceding section of this act, it shall be notice to every one that 
the person or persons in charge of such animals, sheep, cattle 
or horses, has no right to sell or dispose of the same in any 
manner. 

Sec. 97. If any person who may receive from any owner or 
owners thereof, any animals, sheep, cattle or horses, for the 
purpose of herding or caring for the same, or any person who 
may be employed in any manner about the herding or caring 
for any animals, sheep, cattle or horses, and shall sell, give 
away, kill, dispose of, or convert the same in any manner to 
his own use, he shall be deemed guilty of embezzlement and 
be punished for each offense, on conviction thereof, the same 
as persons convicted for stealing sheep, cattle or horses, under 
the laws of the Territory. (See also Chapter 38, Laws 1905.) 

Sec. 1 01. All persons, owners of animals of the description 
mentioned in the foregoing section, are hereby required and 
obligated to keep them at all times at a distance of three leagues 



TERRITORY OF NEW MEXICO. 33 

from all settlements, houses or ranches, as provided in the 
foregoing section; and any person, who is not an owner or 
niayordomo of herds, who shall violate the provisions of this 
act, shall be considered as a transgressor of the law, and tried 
in a summary manner by any justice of the peace, after hav- 
ing been duly required to withdraw from the points by airy- 
person interested in the matter; and the accused being guilty, 
he shall be fined in a sum of not more than five dollars nor less 
than one dollar, in addition to the costs of the cause, said fine 
being applied to the use of the county where such offense was 
committed. 

Sec. 1 02. The provisions of this act shall not prevent any 
person of this Territory from taking care of and maintaining 
all kinds of animals on their own property, nor impede the tak- 
ing care of all those animals of frequent service within said 
limits, such as mules, horses, oxen, jacks, cows, goats and 
sheep for rrtilking, but at all times, subject to the established 
rules of, or custom in the different counties of this Territory; 
Provided, also,, that all travelers who have to touch at any of 
the reserved points mentioned in this act, shall be exempted. 
It shall not be lawful for any person in this Territory to pasture 
any kind of the lesser animals, such as milch goats and sheep, 
sheep for sale, etc., in any quantity whatever near the settle- 
ments or cultivated lands either public or individual, of any 
person or persons except at a distance of two miles from all 
cultivated lands of settlements. Any person or persons who 
shall violate the provisions of this act, may be accused before 
any justice of the peace, and upon conviction thereof shall be 
fined in a sum not exceeding ten dollars. 

Sec. 103. All damage or injury done to any fields sown 
with grain, shall be paid for by the owner of the animals com- 
mitting said damage or injury, after the damage shall have 
been appraised or valued by the parties interested, or in case 
of dispute by two appraisers appointed for the purpose by said 
interested parties. 

Sec. 104. Every justice of the peace, in his precinct, shall 
have jurisdiction in cases of damages and injuries done to 
crops when the damage or injury claimed does not exceed one 
hundred dollars. Any person or persons having committed 
any damage with one or more animals to any cultivated field, 
upon proof thereof, they sb? 1 pay the damage according to the 
provisions of this act, and i lall also be fined, on conviction 
thereof, in any sum not e> eeding one dollar, which may be 



34 CATTLE SANITARY BOARD. 

collected Tdv any constable on a warrant from the proper jus- 
tice of the peace. All fines provided under this law shall be 
paid into the treasury of the proper county; Provided, That if 
r any person or persons shall plant in any places distant from 
the f settlements, at watering places or in common pasture 
grounds and neglecting their fields, shall receive thereby any 
damage, the justice of the peace shall investigate the case in 
order to try the same according to evidence, and upon proof 
of neglect no damage shall be paid, and consequently no fine 
shall be imposed. 

Sec. 105. When under the provisions of this act any jus- 
tice shall give sentence against any person for damage or in- 
jury done to any cultivated fields, the justice of the peace who 
gave the sentence, in case it be necessary in order to carry it 
into due effect, shall issue an execution, which shall be served 
ifr the same manner and under the same restrictions as they are 
served in other cases. 

Sec. 106. Every person, company or corporation owning 
horses, mules, asses or neat cattle which are allowed to range 
at large in this Territory without an enclosure and to mingle 
with other stock of the same kind, shall have and adopt a mark 
and brand for such animals, by which they shall be marked and 
branded after such brand shall have been recorded as required 
by this act. 

Sec. 107. No brand except such as are recorded under the 
provisions of this act shall be recognized in law as any evi- 
dence of ownership of the horses, mules, asses or neat cattle 
upon which such brand may be used. 

Sec. 108. Any brand recorded in accordance with the re- 
quirements of this act shall be considered as the property of 
the person causing such record to be made, and shall be sub- 
ject to salej assignment, transfer, devise and descent, the same 
as other personal property. 

Sec. 109. That from and after the passage of this act the 
Cattle Sanitary Board of the Territory of New Mexico shall 
be and constitute a board for the registration of brands on 
horses, mules, asses and neat cattle in this Territory. 
•■ Sec. no. Immediately upon the passage of this act it shall 
be the duty of the Cattle Sanitary Board to procure a suitable 
book, to be known as the Territorial Brand Book, in which 
shall be recorded the brands used for the branding of horses, 
mules, asses and neat cattle in this Territory. 



TERRITORY OF NEW MEXICO. ,35 

Sec. in. It shall be and it is hereby made the duty of the 
county commissioners of the several counties of this Territory, 
on or before the first day of July, A. D. 1895, to cause and re- 
quire the probate clerk and ex-officio recorder of their respect- 
ive counties to transcribe a list of all recorded marks and brands 
in their respective counties, setting opposite to each brand the 
marks corresponding- thereto the name of the owner of said 
brand, his place of residence, the date of registration, and, if 
the brand be sold, the name of the person to whom sold and 
his residence, and shall allow to the probate clerk making 
such transcript a reasonable compensation, not to exceed thirty 
dollars. And it is hereby made the duty of each probate 
clerk in this Territory, on or before the first day of July, 1895, 
to transmit the said transcript of recorded brands in his county 
to the Secretary of the Cattle Sanitary Board. 

Sec. 112. It is hereby made the duty of the Cattle Sanitary 
Board, on or before the first da}' of August, A. D. 1895, to 
cause and require the Secretary Of said Board to transcribe in 
the territorial brand book all the transcripts of marks and 
brands received by said Board from the several probate clerks 
of the respective counties of this Territory, and thereupon all 
of said marks and brands shall be deemed to have been duly 
recorded in the territorial brand book by the owners of said 
marks and brands. 

Sec. 113. From and after the first day of August after the 
passage of this act, any person, association or corporation de- 
siring to adopt any brand to be used for the branding of 
horses, mules, asses or neat cattle in this Territory shall, be- 
fore using the same, forward to the Secretary of the Cattle 
Sanitary Board a fac simile of such brand, together with a fee 
of fifty cents to pay for recording the same. Upon the re- 
ceipt of such fac simile and fee the Secretary of said Board 
shall imrqediately record the same in the territorial brand 
book, unless such brand has already been recorded in behalf 
of some other person, association or corporation, or is of such 
character as to conflict with such prior recorded brand, in 
which case the Secretary of said Board shall not record such 
later brand, and shall return such fac simile and fee to the 
party by whom the same was forwarded to him. See Chap- 
ter 95, Laws 1905. 

Sec. 114. Upon the recording of an}' such brand or brands, 
as provided by the preceding sections of this act, the owner 
thereof shall procure from the Secretary of the Cattle Sanitary 



36 CATTLE SANITARY BOARD. 

Board a certified copy of such brand or brands, under the seal 
of said board, paying therefor the sum of fifty cents. See 
Chapter 30, Laws 1905. 

Sec. 115. From and after the first day of August after the 
passage of this act, it shall be unlawful for any probate clerk 
and ex-officio recorder in this Territory to record any brand 
unless the application to record the same is accompanied with 
a certificate from the Secretary of the Cattle Sanitary Board 
to the effect that said brand has been recorded in the territorial 
brand book. 

Sec. 116. It shall be the duty of the Secretary of the Cat- 
tle Sanitary Board, within ninety days after the first day of 
August, A. D. 1895, to publish a brand book, in which shall 
be given a fac-simile or copy of all brands recorded in his of- 
fice on the said first day of August, together with the owner's 
name and the county wherein he resides ; such name and brands 
shall be arranged in the most convenient form for reference, 
and the following may be the form of said brand book: 





DATE 


NAME 


RESIDENCE 


DESCRIPTION OF BRAND 


REMARKS 























Such book shall be bound in a good and substantial binding 
and in such manner that additional leaves may be added there- 
after ; one copy of such book shall be forwarded to the probate 
clerk of each county, in whose office it shall be kept open for 
the inspection of all persons interested. It shall be the duty 
of the Secretary of the Cattle Sanitary Board quarterly, after 
the publication of said brand book, to furnish each probate 
clerk with a list of the brands recorded in his office during 
the preceding three months, which list shall be printed in uni- 
form style with the pages of such brand book and shall be 
pasted in and become a part of such brand book, when received 
by the probate clerks of the respective counties. The Cattle 
Sanitary Board is authorized to publish, if they deem best to 
do so, a limited number of such brand books in addition to the 
number required by the provisions of this section, and to sell 
the same for such price as said board shall consider reasonable 
and proper, which price shall hot be less than the actual cost 
of the same, and from time to time revise said territorial rec- 
ord of brands by the cancellation of obsolete and unused 



TERRITORY OF NEW MEXICO. 37 

brands, and to provide by regulation for due notice of such re- 
vision. 

Sec. 117. No person owning or claiming shall, in originally 
marking or branding horses, mules asses or neat cattle, make 
use of or keep up more than one mark or brand; Provided, 
That any person may own and possess such animals in many 
marks and brands, the same having been by him acquired by 
purchase or in any other lawful manner, and bills of sale in 
writing, properly acknowledged from the previous owner or 
owners of the animals having such brands, or from their heirs, 
executors, administrators or legal representatives of such own- 
er or owners shall be sufficient evidence of such purchase, but 
the increase of such animals or of any animials so acquired by 
such person from other stocks of cattle owned by him shall be 
branded by and with the recorded brand and mark of the per- 
son acquiring such animals : 

Provided, That in cases where neat cattle having upon them 
a duly recorded brand may have had established against them 
a mortgage or other lien, it shall be lawful for either of the 
parties interested in such lien, for the purpose of identification 
of the animals covered by such lien, upon filing with the Sec- 
retary of the Cattle Sanitary Board a duly certified copy of 
such mortgage or other lien, to adopt and record in the same 
manner as an original brand a special brand to be placed upon 
the animals subject to such lien and their increase for the iden- 
tification of such animals during the pendency of such lien. 

Sec. 118. Minors owning horses, mules, asses or neat cat- 
tle, separate fron^ that of the parent or guardian may have a 
mark and brand, which shall be recorded in accordance with 
the requirements of this act, but the parent or guardian shall 
be responsible for the proper use of such mark and brand by 
any such minor. 

Sec. 119. Upon the sale, alienation or transfer of any 
horses, mules, asses or neat cattle by any person in this Terri- 
tory, the actual delivery of such animals shall be accompanied 
by a written bill of sale from the vender or the party selling 
to the party purchasing, giving the number, kind, marks and 
brand of each animal sold and delivered, which bill of sale 
shall be signed by the party giving the same, and shall be ac- 
knowledged by him as his act and deed before some officer 
authorized under the laws of the Territory of New Mexico to 
take acknowledgments to deeds of conveyance; and upon the 
trial of any person charged with the theft, unlawful possession, 



3)3 CATTLE SANITARY BOARD. 

handling, driving or killing of any such animal as is mentioned 
in this section, the possession of such animal by the accused 
without his having a duly written and acknowledged bill of 
sale therefor, such as is required by the provisions of this sec- 
tion, shall be prima facie evidence against the accused that such 
possession was illegal; and no officer acknowledging any bill 
of sale or other written instrument required to be acknowl- 
edged under the provisions of this act shall be authorized to 
exact or receive a larger fee than twenty-five cents for acknowl- 
eding, certifying to and affixing his seal to such instrument. 

Sec. 1 20. For the purposes of this act an estray shall be 
any 1 animal of the neat cattle kind being driven from this Ter- 
ritory or any county thereof for shipment, sale or slaughter, 
not branded with the duly recorded brand of the person, com- 
pany or corporation driving such animal or causing the same 
to be driven, or not accompanied by a duly executed and ac- 
knowledged bill of sale or transfer in writing from the owner 
of the recorded brand on such animal, or not accompanied by 
a duly executed authority in writing, duly acknowledged by 
the owner of the recorded brand on such animal, authorizing 
the driving and handling of such animal by the person or per- 
sons found driving the same; and upon the inspection of any 
such herd by any duly authorized inspector, if he shall find m 
or with said herd any such estray as is specified in this section, 
it shall be his duty and he is hereby empowered to seize and 
sequestrate the same and to hold and dispose of said estray in 
the manner now provided by law for the disposition of un- 
claimed cattle by inspectors; and the person or persons having 
charge of and found driving such estray shall, in addition to 
any criminal prosecution to which such driving may make him 
or them liable, forfeit, as damages, to the owner of the brand 
on such estray the sum of twenty-five dollars for each and every 
estray found in his or their possession, to be recovered by such 
owner in an action of debt before any justice of the peace in 
the county in which such animal is found or the county in 
which the owner thereof resides, and all reports of inspection 
made by any duly authorized inspector and Verified by his 
oath, or a duly certified copy of the same by the Secretary of 
the Cattle Sanitary Board and under his seal, shall be taken as 
prima facie proof of the matters therein contained in any of 
the courts of this Territory ; Provided, That cattle being driven 
from this Territory for sale or shipment shall be inspected, if 
driven, at the territorial line, and if shipped, at the place of 
shipment. " 



TERRITORY OF NEW MEXICO. 39 

Sec. 121. Whenever any neat cattle branded with any 
brand not duly recorded as required by the provisions of this 
act shall be found at large; upon any range in this Territory, 
the same may be reported to the Cattle Sanitary Board by any 
duly authorized inspector therefor, and shall be considered as 
unclaimed cattle, and shall be disposed of as now. provided by ; 
law for the disposition of unclaimed cattle. ... - 

Sec. 122. Any person, company or corporation owning, a 
recorded mark and brand and being the owner or owners of 
animals of the horse, mule, ass or neat cattle kind branded 
with such recorded brand, or who shall be the lawful owner 
of such animal having other brands, who may wish to author- 
ize any other person or persons to gather, drive or otherwise 
handle any of said animals by their mark and brand, shall 
furnish to such person or persons an authority in writing, duly 
executed and acknowledged by the person, company or corr, 
poration giving the same, containing a list of. the marks and 
brands authorized to be handled and authorizing the person 
or persons therein named to gather, drive or otherwise handle 
the stock therein described, and the possession of such written 
authority shall be deemed sufficient to authorize the person or 
persons therein named to gather, drive or otherwise handle any 
of such animals in the marks and brands set forth and de- 
scribed in said written authority; Provided, That if any per- 
son, company or corporation, in giving any such written au- 
thority as is provided in this section, shall insert therein a 
mark or brand of which said person, company or corporation 
is not the lawful owner, and any animal having any such mark 
or brand shall be unlawfully taken, gathered, driven, or other- 
wise unlawfully handled by the person or persons having such 
written authority and by virtue thereof, then the person, com- 
pany or corporation giving such written authority shall be 
deemed principals to the unlawful taking, gathering, driving, 
or handling of such animal. 

Sec. 123. The owner or owners of horses, mules asses or 
neat cattle running at large upon any range in this Territory, 
may dispose of such animials by range delivery, while on the 
range and ungathered, by the sale and delivery of the marks 
and 'brands on such animals, but in every such case the pur- 
chaser, in order to acquire title to such animals, must have his 
conveyance or written transfer of such animals duly acknowl- 
edged by the vendor and then recorded in the office of the 
probate clerk and recorder of the county in which such animals 
range, in a book kept for such purpose, and such sale or trans- 



40 CATTLE SANITARY BOARD. 

fer shall be noted on the record of original marks and brands 
in the name of the purchaser. 

Sec. 124. Any person who shall mark or brand any un- 
marked or unbranded horse, mule, ass or neat cattle found 
running at large upon any range in this Territory with a mark 
or brand that has not been recorded under the provisons of 
this act, shall be deemed guilty of larceny of said animal. 

(Sec. 125 — As Amended). 

Sec. 125. Any person, firm or corporation who shall kill 
or cause to be killed for sale or use any unbranded neat cattle, 
or any cattle on which the brand has not peeled off and fully 
healed, unless such cattle shall have an older and duly record- 
ed brand; or shall purchase and kill or cause to be killed for 
sale or use any neat cattle, having a brand not legally owned 
by such person, firm or corporation, without having taken a 
duly acknowledged bill of sale for the same from the owner 
thereof, shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined any sum not less than fifty 
nor more than two hundred dollars for each offense. All 
amounts collected under this section shall go one-half into the 
court fund and one-half into the school fund of the county in 
which such conviction is had. 

Sec. 126. This act shall take effect and be in force from 
and after its passage, and all acts and parts of acts in conflict 
with the provisions of this act are hereby repealed, but nothing 
in this act shall be construed to repeal any existing law im- 
posing penalties for the unlawful taking, driving, killing, 
branding, defacing of brands or other unlawful handling of 
any of the kind of animals mentioned in this act. 

Sec. 127. Hereafter in the Territory of New Mexico any 
person, company or corporation that may appropriate and 
stock a range upon the public domain of the United States, or 
otherwise, with cattle, shall be deemed to be in possession 
thereof; Provided, That such person, company or corporation 
shall lawfully possess or occupy, or be the lawful owner or 
possessor of sufficient living, permanent water upon such range 
for the proper maintenance of such cattle. 

Sec. 128. Whenever any person, company or corporation 
turns loose on any range in this Territory, already occupied 
or in the possession of another or others by virtue of their hav- 
ing complied with the provisions of section one hundred and 
twenty-seven, he or they must be the owner or owners of, or 
must be lawfully entitled to the possession of some other liv- 



TERRITORY OF NEW MEXICO. 41 

ing, permanent water upon such range, sufficient for the prop- 
er maintenance of all such additional cattle so turned loose, 
other than that owned by or lawfully possessed or lawfully in 
the possession of any other person, company or corporation 
that may have previously appropriated, stocked or taken 
possession of such range in accordance with the provisions of 
this act; and such person, company or corporation so turning 
loose cattle upon such range must at all times, furnish, supply 
and maintain upon such range such other permanent living 
water free and unfenced and upon the surface of the ground. 

Sec. 129. Any person, company or corporation violating 
the provisions of section one hundred and twenty-eight shall 
be guilty of a misdemeanor and punishable by imprisonment in 
the county jail, wherein the offense was committed, for a 
period not to exceed six months, or by a fine of not less than 
one hundred dollars nor more than one thousand dollars, 
which fine shall be applied to the school fund of the county 
wherein the offense is committed; and such person, company 
or corporation violating such provisions as aforesaid shall fur- 
ther be liable to any party or parties injured for all damages 
which such party or parties may sustain; the sarnie to be re- 
coverable by a civil suit. All fines and costs so assessed and 
all damages which may at any time be awarded shall be and 
constitute a lien upon such herd of cattle. 

Sec. 130. Each day's violation of the provisions of this act 
shall be and constitute a separate cause of action against any 
person, company or corporation violating the same. 

Sec. 131. That if any person or persons shall take up any 
cow or cows for the purpose of milking the same and detain 
them for the space of two hours in any enclosure, or shall hold 
or detain in any herd of cattle for like purpose, anv cow or 
cows, her calf or their calves, not the property of the person 
so taking and detaining the same without the written consent 
of the owner, he shall be guilty of a misdemeanor. 

Sec. 132. The taking up and detention of each and every 
cow or calf as specified in the preceding section of this act shall 
constitute a separate offense. 

Sec. 133. The penalty for the violation of the above shall 
be a fine of not less than fifteen nor more than fifty dollars, and 
may be prosecuted before a justice of the peace or by indict- 
ment. 

Sec. 134. If any person or persons shall take up or detain 
for any time in any enclosure any bull, for the purpose of im- 



42 CATTLE SANITARY BOARD. 

proving his stock, not the property pi the person so taking and 
detaining it, and without the written consent of the owner or 
owners thereof, he shall be deemed guilty of a misdemeanor 
and be punished by a fine of not less than twenty dollars, and 
not more than one hundred dollars, or by imprisonment in the 
county jail for not less than fifteen days, and not more than 
three months, or both. 

Sec. 135. Any resident householder in any county of this 
Territory on finding any broken, tame or domesticated estray 
animal or animals in the vicinity of his premises, may, at any 
time after twenty days from the time of finding the same, or 
after six months from the time of finding any unbroken, un- 
tamed or undomesticated estray animal or animals in the vicin- 
ity of his premises, go to the justice of the peace for the pre- 
cinct in which such estray animal or animals were found and 
make affidavit that such estray animal or animals, giving a 
full and complete description thereof, with marks and brands, 
if any, and stating whether broken, tamed, domesticated or 
otherwise, have remained in the vicinity of his premises for 
the time or times above specified, as the case may be, that he 
has made diligent inquiry throughout the neighborhood of 
said premises and precinct to ascertain the ownership of said 
estray animal or animals, and has been unable to ascertain such 
ownership and does not know to whom the same belong ; which 
affidavit, when so made, shall be forthwith delivered by affi- 
ant to the assessor of the county in which said estray animal 
or animals are taken up, and by him recorded as hereinafter 
provided; Provided, That in no case shall any person take 
up any estray animal or animals except in the vicinity of his 
premises and in the county wherein he or she resides, and is a 
householder. 

Sec. 136. It shall be the duty of the assessor of each coun- 
ty in this Territory, to keep a book called an Estray Book, 
which shall be properly ruled and indexed, and said affidavits, 
when received by him shall be marked "filed" on the back 
thereof, and recorded in said book; and when so recorded, the 
records thereof shall be preserved by him in his office. He 
shall be allowed a fee of fifty cents for each affidavit so filed 
and recorded and an additional sum of ten cents per head for 
each additional number more than one animal contained in said 
affidavit, said fee or fees to be paid by affiant for filing and re- 
cording the same. 

Sec. 137. In addition to making said affidavit and having 
the same recorded, as hereinbefore provided, the party taking 



TERRITORY OF NEW MEXICO. 43 

up said estray animal or animals, shall, within ten days after 
recording the same, cause to be published in some newspaper 
published in the county which shall be designated by the asses- 
sor, and which shall be published at the county seat of said 
county, or if there be any county seat in this Territory in 
which no newspaper is published, then in some newspaper pub- 
lished in the county, notice of the time and place of taking up 
such estray animal or animals with a description thereof, as set 
out in said affidavit and that the owners thereof will forfeit 
the same at the end of seven months from date of the first pub- 
lication, unless he or his agent claim the sarnie, prove owner- 
ship of such property and pays the legal charges thereon, with- 
in that time. Such publication shall be continued for a period 
of six consecutive weeks and any newspaper publishing such 
notice shall be allowed a sum not to exceed two dollars for the 
entire time of the publication of such notice, so published, the 
same to be paid by affiant; Provided, That if there be any 
county in this Territory in which no newspaper is published, 
then it shall be lawful to give such notice by at least five print- 
ed handbills or written notices, posted in conspicuous places 
in each precinct in said county. 

Sec. 138. If the owner, or his legally authorized agent, of 
any estray animal or animals advertised as aforesaid, shall, 
within seven months from the time that the same was first 
advertised, appear and make affidavit of his right and proof 
of ownership thereto before the justice of the peace of the pre- 
cinct in which said estray animal or animals were taken up and 
shall pay to the party taking up the same, the cost of making 
said affidavit, not to exceed one dollar, of filing and recording 
the same, the cost of publishing said notice and the further ad- 
ditional sum of fifty cents per month excepting in all cases, 
unweaned young animals following their dams, for each and 
every animal and for each and every month said animal or 
animals have been in his possession from the date of said pub- 
lication, then the owner shall be entitled to the possession of 
the same and it shall be delivered to him or his lawfully author- 
ized agent, but in event he or his agent does not appear and 
make good and pay said cost or costs, within seven months 
from date of the said publication, then the assessor in said 
county shall order the same to be sold at public auction to the 
highest bidder, for cash in hand, after first having caused ten 
days' notice to be given, of the terms, time and place, of such 
sale, with the description of the animal or animals to be sold, 
by at least five written or printed hand bills, posted in conspic- 



44 CATTLE SANITARY BOARD. 

nous places throughout the precinct wherein such taker-up re- 
sides. All orders for such sale or sales shall be directed to the 
constable of said precinct, and for each and every order so is- 
sued, the assessor shall be allowed as a fee, the sum of fifty 
cents, and the constable shall be allowed as a fee for such sale, 
a commission of ten per cent, of the gross proceeds of such 
sale on all sums up to and including fifty dollars, and a com- 
mission of five per cent, on all sums over fifty dollars, out of 
the proceeds of such sale. Such said constable shall first pay 
such costs as may have accrued under the provisions of this 
act in taking up and selling such estray animal or animals; the 
remainder, if any such there be, he shall forthwith deposit with 
the county treasurer of the county wherein such sale took place, 
subject to the order of the owner of such estray animal or 
animals. If such sum or sums be not reclaimed by said owner 
within twelve months from date of said deposit then said coun- 
ty treasurer shall apply the same to the school fund of said 
county, and the owner thereof shall be forever barred from re- 
covering the same by an action at law. 

Sec. 139. If any person shall conceal or attempt to conceal 
any estray animal or animals taken up by such person, or shall 
efface or change, or attempt to efface or change any mark or 
marks, or brand or brands, thereon, or shall carry or attempt 
to carry the same outside of the limits of the county where 
found, or knowingly permit the same to be done, or shall sell, 
transfer or bargain away such estray animal or animals, or 
shall attempt to sell, transfer or bargain away the same, before 
lawful title thereto has been obtained in accordance with the 
provisions of this act, he shall be deemed guilty of larceny and 
shall be punished for the same as in other cases of larceny. 

Sec. 140. The owner, or his lawfully authorized agent of 
any estray animal or animals which have been taken up ac- 
cording to the provisions of this act, shall not be permitted to 
take, lead or drive away, the same from the premises or posses- 
sion of the person having taken the same up under the pro- 
visions of this act, until he has proved his ownership thereto, 
and paid the legal charges due thereon as herein required, and 
any person knowingly or wilfully violating the provisions of 
this section shall be subject to all the penalties to which he 
would be subject under the statutes, had he no claim to said 
animal or animals. 

Sec. 141. If any animal, after having been taken up by any 
person under the provisions of this act, shall escape, or be taken 
from the possession or custody of such person before the same 
shall have been reclaimed by the owner thereof, or his agent, 



TERRITORY OF NEW MEXICO. 45 

then such person shall have the right to recover the same 
wherever the same may be found, to be held by him until dis- 
posed of as provided for in this act. 

Sec. 142. It shall 'be unlawful in this Territory for any 
person to take up, work or use in any manner whatsoever any 
animal or animals, estray or otherwise, without the consent of 
such owner thereof unless having proceeded as required by 
this act, and any person or persons guilty of any violation of this 
act, shall, on complaint being made thereof, be tried before any 
justice of the peace in the precinct in which said animal or 
animals were taken up, and if found guilty shall be fined a sum 
of not more than fifty dollars and not less than ten dollars, or 
imprisonment in the county jail not more than sixty days and 
not less than ten days, or both, with costs, and be subject to r, 
civil suit for damages at the hands of the party or parties in- 
jured. 

Sec. 143. Nothing in this act shall amend, alter, change or 
interfere with the rights of any incorporated town or city in 
this Territory to prevent the running at large of any stock 
within the corporate limits of said city or town, and the im- 
pounding of the same as is now provided by law. 

Sec. 144. That any person or persons owning or having in 
his, her or their possession or charge any horses, mules, cat- 
tle, burros, sheep, goats, hogs or any such animals which shall 
break over or under or through or into any lawful enclosure 
belonging to any person or persons other than the owners or 
person or persons having possession or charge of such animal 
or animals, or which shall trespass upon the cultivated fields 
or land or lands sown in domestic grasses or clovers for hay 
or pasture, or orchards or vineyard lands of any such person 
or persons other than the owner or owners or person or persons 
having in charge such animal or animals when no enclosure 
of sUch cultivated fields or land or lands sown in domestic 
grasses or clovers for hay, pasture or orchard or vineyard lands 
is required by law, shall be lia'ble to the party or parties sus- 
taining injury by such breach or trespass for all damages, she 
or they may have sustained by reason of such breaching or 
trespassing as aforesaid, to be recovered in a civil action by 
the owner or tenant of such enclosure or such described lands 
or fields before any competent tribunal, or by arbitration, each 
party to select a property owner and the arbitrators to select 
a third. 

(Sections 145, 146, 147, 148, 149 ,150, 151 — Repealed.) • 

Sec. 152. Before damages for the breach mentioned in the 



46 CATTLE SANITARY BOARD. 

preceding sections can be collected it must be proved that the 
enclosure was a legal fence, which is hereby defined to be with- 
in the meaning of this act, a strong, substantial enclosure, or- 
dinarily sufficient to turn animals; said enclosure to be not less 
than four feet in height and to be constructed of posts and 
planks, posts and wire, rails, poles, pickets, stone, adobe or any 
other substantial material, or of one or more of the materials 
specified; Provided, The above described fences shall be law- 
ful fences in all counties in this Territory. 

Sec. 153. Nothing in this act shall be construed to prevent 
the right of appeal by either party from the award of arbitra- 
tion or finding of the justice of the peace; Provided, Said ap- 
peal is taken within ten days from the time of such finding or 
the return of such award ; And Provided, Further, That appeal 
from the award of said arbitration shall be taken to the district 
court of the county from the office of the justice of the peace 
as other appeals are taken. (See also Chapter 92, Laws of 
1901.) 

(Sections 154 and 154-a, Repealed.) 
(Sections 155 to 169, Inclusive, Relate to Sheep.) 
Sec. 170. Every person having or possessing, taking care 
of or managing cattle, whether he be the owner, agent or man- 
ager of any herd of cattle or stock, of whatever number there 
may be, he shall be subject to make roundups of said herd at 
his own ranch or grazing place on being ordered by the justice 
of the peace of his own precinct, as hereinafter provided, in 
order to enable every person interested in taking care of or rais- 
ing cattle to record said herd or herds, and to separate any cat- 
tle that may be legally claimed, if the same belongs to said 
person or persons. Should there be any co-operating in said 
rounding of said herd which is to be thus rounded up, together 
with the owner or owners or herders in charge thereof, all and 
every one of the persons presenting themselves asking the re- 
cording of said herd thus gathered to permit any interested 
party the necessary time to record and separate as many of the 
above described animals as he may legally prove, as hereinafter 
provided, belonging to each person. 

Sec. 171. For the purpose and intents of the present act the 
county commissioners in the several counties of this Territory 
are authorized and empowered to divide their respective coun- 
ties in as many roundup districts as the number of precincts 
comprised in the counties may permit, not to exceed three pre- 
cincts to every roundup district, taking in consideration the 
situation, distance and all other circumstances that may lead 



TERRITORY OF NEW MEXICO. 47 

them to apportion said districts to the best advantage and con- 
venience possible of its inhabitants, and within which district 
all justices of the peace in the respective precincts shall con- 
stitute, when assembled, a board of inspectors for rounding 
purposes in said district, and thus assembled shall determine 
and fix, through public notices, posting the same in conspicu- 
ous places in their precincts, fixing the day in which said 
roundups will take place in any of the neighboring ranches, 
according to the location thereof, so as to enable every owner 
of herds to attend said roundups at their proper time, and as 
the general interests of interested parties within the district 
may require, in proportion to the neighborhood. Said public 
notices shall be posted up by the board of inspectors at least 
one month before each rounding takes place. The time to 
have said annual roundups shall be in the months of June and 
September of each year. Said justices of the peace thus con- 
stituting the board of inspectors of the roundups shall act in 
their official capacity under the same official oath and qualifica- 
tion of justice of the peace in and for his precinct and the coun- 
ty which elected them, as now provided by law. 

Sec. 172. Any person presenting himself with a view of 
taking animals, from any roundups, before separating any of 
said animals, shall show to the owner thereof, or herder in 
charge of said herd, the letter of his brand, marks and signs 
under Which he claims to separate said animals, -should there 
be any of those described in said herd, and any person failing 
to show said marks, as materially represented, whether made 
by a blacksmith, or certificate to that effect signed by a record- 
ing officer stating that said marks have been recorded and are 
recognized as the marks of such person for the purpose of 
branding his animals, together with the signs under which he 
claims. 

Sec. 173. Whenever any person may claim in such round- 
ups for another, as his agent, he shall show a power of attor- 
ney authorizing him as such, showing the mark or brand, as 
required in the foregoing- section, so that he may legally separ- 
ate and drive cattle, or any other animals herein described from 
said roundups. Any person or persons who should voluntari- 
ly permit the taking off of animals from his herd without hav- 
ing had proof as to the rights thereof, or any person separating 
or driving maliciously, or under pretext that he could not sep- 
arate the animals, shall be fined before any justice of the peace 
in a sum of not less than twenty-five dollars, and shall further- 
more be responsible for damages to the injured party. 



48 CATTLE SANITARY BOARD. 

Sec. 174. Whenever there shall be found in any of said 
roundups, animals or cattle whose owner shall not appear, it 
shall be the duty of the owner of said herd, should the same 
be cows with calves, whose calves are not branded or marked, 
to mark said calves, marking the same in the ears or head, the 
same marks in the ears or head which are found in the cow, or 
mother. It shall also be the duty of the owner or owners, 
agent or herder in charge of said herd or herds, after the second 
roundup is over to make written report before the correspond- 
ing justice of the peace within his district stating the color of 
the animals and their marks or signs, which are found in said 
herd without having been claimed. The justice of the peace, 
before whom said report is made, shall have a book provided 
for the purpose of recording the color and marks of said ani- 
mals, the date and the namie of the person reporting them, 
which book shall be furnished by the county under the direc- 
tion of the board of county commissioners of his respective 
county, and in which book the said justice of the peace shall 
write the heading, "Animals without owner." Said justice 
of the peace shall authorize the person reporting said animal 
or animals to keep the same under his care for the term of one 
year, or until the owner may appear, and the person in charge 
of said animal or animals shall be entitled to receive a recom- 
pense of fifty cents per head (not including young calves) each 
month from -the date of the recording, payable out of the pro- 
ceeds of the sale of the same, which have been taken care of 
for one year, or by the owner, if he should appear before the 
end of the year, which person in charge of said animals shall 
be held liable for said animal or animals until the disposition 
of the same is made by said justice of the peace, and in case 
the said person in charge of said animals, as aforesaid, should 
claim that the same, or a portion thereof have died, or strayed, 
or been stolen, he shall prove the same to the full satisfaction 
of said justice who, on being convinced of the truth of the re- 
port, shall discharge such person of the responsibility, but he 
shall not be entitled to pay for such animals. 

Sec. 175. Any person having strayed animals can go before 
any justice of the peace in order to examine his record, and if 
he proves to the satisfaction of said justice of the peace that 
animals such as those described in such record belong to him, 
after each owner of animals paying fifty cents to the justice 
of the peace, then the said justice shall order the person in 
charge thereof to deliver said animal or animals describing 
properly the colors and marks to the person having before him. 



TERRITORY OF NEW MEXICO. 49 

proved his right thereto, on such person paying the fees for the 
keeping of the animals as provided in the foregoing section. 

Sec. 176. Whenever any of the above described animals 
have remained under the charge of any person by the author- 
ity of any justice of the peace for the term of one year without 
any person claiming them, the said justice of the peace, after 
being informed by the person or persons in charge of said ani- 
mals, that the same exist, then and in such case he shall, through 
public notices, fix the day in which said animal or animals are 
to be sold at public auction for cash to the highest bidder, by 
the constable of his precinct, the expenses of herding to be paid 
from the proceeds of such sale as above stated, fifty cents to 
the justice of the peace for each record, and twenty-five cents 
for the order to sell the same and the recording of his file, and 
one dollar to the constable effecting such sale; the surplus of 
such sale shall be paid into the school fund by said constable for 
the use of the same upon a certified list of said justice of the 
peace. 

Sec. 177. There shall be allowed to each justice of the peace 
for his services as required in section one hundred and seventy- 
one, the sum of three dollars for each one of said meetings or 
consultations held for the purpose of making roundups and the 
publication of the notices relative to the time and mode in 
which said roundups are to be conducted, and also to give cer- 
tificates of sale in favor of any person who may buy animals 
as hereinbefore determined to be sold at public auction by his 
constable, which shall be paid from the funds of his respective 
county, and the commissioners of said county are hereby au- 
thorized, and it is made their duty to issue their warrants in 
favor of said justice of the peace so entitled respectively as 
herein provided. 

Sec. 1 78. Any person or persons who on being required by 
the justice of the peace of his precinct, and being a district as 
heretofore provided, and having or being the owner, agent, 
herder or overseer of any number of ten or more cattle should 
fail to co-operate in the roundups and gathering of herds in 
his vicinity, in the manner and time as determined by the board 
of inspectors of said district, as provided in section one hundred 
and seventyone, upon conviction thereof before said justice of 
the peace, shall be fined in any sum not less than ten dollars, 
and shall be subject for the damages to the party or parties in- 
jured. 



50 CATTLE SANITARY BOARD. 

Sec. 179. Whenever two or more persons having their 
herds so close the one to the other' that it may result in a mix- 
ture thereof, and any owner or owners being compelled to 
gather the same in order to separate cattle, outside of the time, 
of general roundups, as hereinbefore provided, it shall be law- 
ful for such person being thus obliged, to notify and request of 
his neighbors that he is compelled to do so because of his neces- 
sity, and that he desires that such herd be gathered up, giving 
his reasons to ask such partial roundups, and said owners or 
herders in charge of said herds shall co-operate in said roundup 
in order to enable said neighbor to separate herds or cattle 
without suffering any further damage. The person or persons, 
owners of herds as above said, refusing to comply with the 
request, shall be liable to damages to the party injured thereby, 
and to pay a fine before any justice of the peace of not less than 
five dollars, or as the amount of damages originated may be. 

Sec. 180. Whenever dangerous bulls of bad breed are found 
in any herd and remain there doing damage to the owner of 
said herd for the term of fifteen days, driving off or horning 
his own bulls, it shall be lawful for the owner or person in 
charge of said herd to geld any such dangerous bull or bulls, 
vicious or of low grade, in order to avoid the damage which 
may follow to the owner of said herd; Provided, That if the 
owner of said bull or 'bulls above mentioned is known, and it 
is within the power of the owner or herder of said herd, he shall 
notify the owner of said bull or bulls to take out or separate the 
same in order to avoid such damage. 



CHAPTER V. 

Diseased Cattle — Provisions Concerning. 

Whereas, The fact has become well established that cattle 
imported into the Territory of New Mexico from ranges in 
any part of the State of Texas, south and east of a line com- 
mencing at the northwest corner of the County of Wichita; 
thence running due south along the western line of Wichita 
and Archer counties to the northeast corner of Throckmorton 
county; thence due west to the northwest corner of said coun- 
ty; thence due south to the southwest corner of Throckmorton 
county; thence due west to the northwest corner of Sheckel- 
ford county; thence due south to the southwest corner of said 



TERRITORY OF NEW MEXICO. 51 

county; thence due west to the northwest corner of Taylor 
county; thence along the north line of Nolan and Mitchell 
counties to the northwest corner of Mitchell county; thence 
due south to the southwest corner of said Mitchell county; 
thence due west along the south lines of the counties of How- 
ard, Martin and Andrews, to a point where the southeast cor- 
ner of the Territory of New Mexico and the southwest corner 
of the County of Andrews, in the State of Texas, meet; 
thence due west along the south boundary line of the Terri- 
tory of New Mexico, to a point where the monuments mark- 
ing the boundaries between the State of Texas and the Terri- 
tory of New Mexico, and in the State of Chihuahua in the 
Republic of Mexico, and erected by the boundary commission, 
stand and are in place at the date of enactment of this law, 
and more particularly the Counties of El Paso, Preside Pecos, 
Tom Green, Crockett, Mitchell, Sheckelford, Throckmorton, 
Archer and Wichita, in the State of Texas, and all the coun- 
ties east and south of the counties hereinbefore mentioned and 
situated in the aforesaid State of Texas; also that part of the 
Republic of Mexico lying north and east of the Mexican Cen- 
tral Railway to the twenty-sixth degree of latitude ; thence on 
said line to the Rio Grande, at any time from the fifteenth day 
of March to the fifteenth day of November of each year, will 
communicate to and infect cattle then grazing or living on 
ranges in said territory upon or through which such imported 
cattle shall then stray or be driven with a certain fatal disease, 
commonly known as Texas, or splenic fever; 

And Whereas, The fact has become well established that 
such imported cattle, so as aforesaid communicating such 
Texas or splenic fever, never show any symptoms of the dis- 
ease from which the same may be determined by an inspector 
thereof ; 

And Whereas, Certain other contagious and infectious dis- 
eases, and particularly contagious pleuro-pneumonia, have 
been and are existing an epidemic among the cattle in certain 
localities within the United States and beyond the limits of 
said territory; therefore for sanitary purposes only; 

Be It Enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 

Sec. 181. The word "cattle" used in the preamble of this 
act and wherever used in any of the sections or provisions of 
such act, shall be understood and construed as bovine cattle 



52 CATTLE SANITARY BOARD. 

only, and shall not relate to or include any other kind of do- 
mestic animals. 

(Sec. 182— Amended and Repealed. , See Chapter 49, 
Laws 1905.) 

Sec. 183. A majority of the members of said sanitary 
board shall constitute a quorum, authorized to transact all 
business properly coming before them under the provisions of 
this act. 

Sec. 184. Said sanitary board is hereby authorized, em- 
powered and required to prevent the introduction into this 
Territory, or the spreading therein of Texas or splenic fever, 
contagious pleuro-pneumonia, tuberculosis, or any other con- 
tagious or infectious diseases affecting cattle wherever the 
same may be found to exist in the Territory, and to adopt, 
publish and enforce such quarantine rules and regulations as 
may be necessary to carry into effect the provisions of this act 
and not inconsistent therewith, and to make and enforce such 
rules and regulations as may be necessary to provide for the 
inspection of cattle for sale and slaughter. 

Sec. 185. It may be the duty of said board and they are 
authorized to employ some competent veterinary surgeon, 
who shall be a graduate in good standing of some recognized 
college of veterinary surgery and science, and when necessary, 
to bring him to their aid for the inspection of live cattle, hav- 
ing or suspected of having some contagious or infectious dis- 
ease, or for the examination of any cattle that shall have died 
or shall be suspected of having died of some such disease, as 
well as for consultation as to the most practical and effective 
method of stamping out or preventing the spread of any such 
disease among cattle within said Territory, and for the per- 
formance of any other service within the line of their duties or 
of his profession as said board shall determine and when and 
where they shall direct. 

The said board shall fix the compensation to be paid to said 
veterinary surgeon at a salary not to exceed the rate of one 
thousand five hundred dollars per annum and his actual and 
necessary traveling expenses in the performance of his duties. 

Such compensation shall be paid by said board out of the 
fund hereinafter provided for and at such times as shall be 
specified in the contract therefor with said veterinary surgeon. 

Sec. 186. It shall be the duty of said board to provide suit- 
able books, in which they shall cause to be entered true and 



TERRITORY OF NEW MEXICO. 53 

itemized accounts of all receipts and expenditures by them or 
under their direction and specifying what for; also an entry 
therein of all cattle (if any) imported into the Territory in 
violation of any of the provisions of this act,, so far as the same 
shall come under their supervision or to their knowledge, and 
to this end said board shall require said veterinarian, or they 
may employ a secretary to perform such work, who shall act 
as its secretary and make the proper entries in said books and 
to write out its reports required as hereinafter provided. Said 
books and all entries therein, shall constitute a public record, 
and at all reasonable times shall be open for examination by 
any and all parties interested. 

Sec. 187. It is and shall be unlawful for any person, per- 
sons, company or corporation to drive, convey, transport or 
aid therein or to cause or procure to be driven, conveyed or 
transported into the Territory of New Mexico, during any 
time in each year between the fifth day of March and the first 
day of November, any cattle from any part of the State of 
Texas south and east of a line commencing at the northwest 
corner of the County of Wichita; thence running due south 
along the western line of Wichita and Archer counties to the 
northeastern corner of Throckmorton county; thence due west 
to the northwest corner of said county; thence due south to 
the southwest corner of Throckmorton county; thence due 
west to the northwest corner of Shackelford county; thence 
due south to the southwest corner of said county; thence due 
west to the northwest corner of Taylor county; thence along 
the north line of Nolan and Mitchell counties to the northwest 
corner of said Mitchell county; thence due south to the south- 
west corner of said Mitchell county ; thence due west along the 
south line of the Counties of Howard, Martin and Andrews to 
a point where the southeast corner of the Territory of New 
Mexico and the southwest corner of Andrews county, in the, 
State of Texas, meet ; thence due west along the south boun- 
dary line of the Territory of New Mexico to a point where the 
monuments marking the boundaries between the State of 
Texas, the State of Chihuahua, in the Republic of Mexico, 
and the Territory of New Mexico, and erected by the United 
States boundary commission, stand and are in place at the 
date of the enactment of this law, and more particularly the 
Counties of El Paso, Presidio, Pecos, Tom Green, Crockett. 
Mitchell, Shackelford, Throckmorton, Archer and Wichita, in 
the State of Texas, and all counties east and south of the coun- 



54 CATTLE SANITARY BOARD. 

ties hereinbefore mentioned, and situated in the aforesaid 
State of Texas, and that part of the Republic of Mexico lying- 
north and east of the Mexican Central railway to the twenty- 
sixth degree of latitude; thence east with said line to the Rio 
Grande. 

This section is designated to operate only as a quarantine 
regulation against the introduction of Texas and splenic fever, 
and shall not be operative against any railroad company or 
corporation in transporting cattle from the aforesaid prohib- 
ited district, in the State of Texas and the Republic of Mexico, 
entirely through and beyond the limits of this Territory by 
rail ; Provided, That such cattle are not unloaded while in 
transit through the Territory, except into secure quarantine 
stock yards, provided by such company or corporation, and 
used exclusively for that purpose; And Provided, Further, 
That during such transit through the Territory, while such 
prohibition is in force, such cattle shall be so securely confined 
that none of them shall get loose either from the cars or any 
such quarantine stock yards and go upon the grounds outside 
thereof. 

That so much of section one hundred and eighty-seven which 
applies as a quarantine regulation against the Counties of El 
Paso, Reeves and Jeff Davis, in the State of Texas, is hereby 
repealed, and said quarantine line shall be the south boundaries 
of said counties. 

Sec. 188. Whenever it shall come to the knowledge of said 
board or of said veterinarian that any contagious or infectious 
disease, other than fever covered by this act, and the nature 
of which is known to be fatal to cattle, has become epidemic or 
exists in any locality or localities, in any state or territory be- 
yond the limits of this Territory, they or either of them shall 
immediately communicate the fact to the governor of the Ter- 
ritory in writing, and thereupon or when the governor shall 
have otherwise good reason to believe that any such fatal dis- 
ease other than Texas fever so exists or has become epidemic, 
the governor shall immediately issue and publish by a general 
proclamation, such rules and regulations as the board may 
adopt, specifying such localities and thereby prohibit the im- 
portation therefrom into this Territory of any cattle except 
under such restrictions and safeguards as the board may deem 
proper and shall specify for the protection of cattle in this 
Territory. Any person, persons, company or corporation, 
who after the publication of such proclamation shall knowing- 



TERRITORY OF NEW MEXICO. 55 

ly receive in charge any cattle, the importation of which into 
this Territory shall have been so prohibited, or shall drive, 
transport or in any manner convey the same to and within the 
limits of this Territory, or shall knowingly cause or procure 
the same to be driven, transported or conveyed into such Ter- 
ritory, in violation of such proclamation, or shall violate any 
of the provisions of section one hundred and eighty-seven of 
this act, by driving, conveying or transporting or aiding there- 
in, or causing or procuring to be driven, conveyed or transport- 
ed into this Territory any cattle which are thereby declared to 
be unlawful, shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined not less than one hundred dol- 
lars nor more than five thousand dollars for each and every 
offense, and shall also become liable in civil action for any and 
all damages and loss sustained by any person, persons, com- 
pany or corporation by reason of such importation of such 
cattle. 

Sec. 189. After the issuance and publication of any procla- 
mation by the governor, as provided by this act, and while 
such proclamation shall continue in force, or while the pro- 
hibition against the importation of cattle from certain parts 
of Texas and Mexico, as specified in section one hundred and 
eighty-seven of this act, shall be in force, or either of them, 
it is and shall fee lawful for any person, persons, company or 
corporation to drive or transport or cause to procure to be 
driven or transported into this Territory any cattle that by 
any direct or circuitous route might have come from any 
place or district covered by such prohibitions, or either of 
them, without first having obtained a certificate of health from 
said veterinarian or a permit in writing from said board 
through any of its employes, under such rules and regulations 
as such board shall prescribe and publish for the information 
of the public. Any person failing to comply with this pro- 
vision after due notice, shall be deemed guilty of a misde- 
meanor, and upon conviction shall be fined not less than five 
hundred dollars nor more than five thousand dollars, and shall 
also be personally liable for all loss and damages sustained by 
any person or persons by reason of the introduction of any con- 
tagious or infectious disease from the cattle so unlawfully im- 
ported into this Territory, and during the issuance of said 
proclamation and the enforcement of this law, all cattle de- 
siring to enter the Territory "must submit to an inspection, nor 
shall they be permitted to enter the Territory until a written 



56 CATTLE SANITARY BOARD. 

or printed permit is issued by a member of the board, the vet- 
erinary surgeon, or an inspector appointed by said board. Any 
person may require the person in charge of the. cattle to pro- 
duce for his inspection the permit and any person refusing to 
produce said permit at any time within a year from the time 
the cattle were driven in, shall be held to be guilty of the viola- 
tion of this law and shall be subject to all the penalties pro- 
vided by this section. 

Sec. 190. To aid in the enforcement of the quarantine pro- 
visions of this act, for the sanitary protection of cattle in this 
Territory and in ferreting out and detecting any violations 
thereof, it shall be the duty of said board, and they are hereby 
authorized to employ for that service, in addition to said 
veterinarian, as many other competent and discreet persons 
from time to time as emergencies may arise, as in their judg- 
ment they shall deem necessary for that purpose, and shall fix 
their compensation, which shall not exceed two dollars and 
fifty cents per day each, while in actual service and in their 
actual and necessary expenses while in performance of their 
duties as may be agreed upon, and to direct them as to what 
duties they are to perform, as well as to when, where, and 
how such duties shall be performed. All such persons re- 
spectively so employed shall make true reports in writing to 
said board of their doings under such directions. 

Sec. 191. Whenever said board, during the continuance in 
force of any prohibition against the importation into this Ter- 
ritory of cattle under any of the provisions of this act, shall 
have good reasons to believe or suspect that any such cattle 
against the importation of which such prohibition then exists, 
have been or are about to be driven, conveyed or transported 
into this Territory, in violation of any such prohibition, then 
existing and then in force, it shall be the duty of said board, 
either by its own members or through said veterinarian or 
through one or more of such persons then in their employ, as 
provided by this act, or through any or either of them, as cir- 
cumstances shall seem to require, to thoroughly investigate 
the same, and to this end they may examine, under oath or af- 
firmation, any person or persons in charge of such cattle or 
any person or persons cognizant of any facts or circumstances 
material to such investigation, as to any and all facts connect- 
ed with the driving or transportation of such cattle, including 
the place or places from which said cattle or any of them have 
been driven or transported; the places or districts through 



TERRITORY OF NEW MEXICO. 5? 

which they or any of them have been driven or transported; 
the length of time, and where they or any of themi have re- 
mained, fed or grazed at any designated place or district; what 
contagious or infectious disease of cattle, if any, they or any 
of them, have been exposed to, and when and where, and as 
to any other facts or circumstances material to such investiga- 
tion and reduce such testimony to writing in all cases, where 
the certificate of health or the permit in writing herein pro- 
vided for shall be refused. To this end the members of said 
board, said veterinarian, and all other persons as aforesaid so 
in the employ of said board through whom any such investi- 
gation shall be made, hereby are, and each of them is, author- 
ized to administer all oaths and affirmations required in any 
such investigation. If any such investigation is made by 
such veterinarian and thereupon he is satisfied that such cattle 
are free from all contagious and infectious diseases specified 
in this act and will not communicate any such disease to any 
cattle in this Territory, he shall deliver to the person in charge 
of such cattle a certificate of health to the effect that such 
cattle are healthy and entitled to pass into the Territory, other- 
wise he shall refuse the same; and if such investigation shall 
be made by any other person or persons authorized as herein 
specified to make the same and thereupon he or they shall be 
satisfied that such cattle will not transmit to the cattle in this 
Territory any cattle disease specified in this act, and that the 
facts and circumstances attending their transportation warrant 
the presumption that such cattle are not from that part of the 
State of Texas, or the Republic of Mexico, the importation of 
cattle shall then be prohibited under this act, then he or they 
shall give the person in charge of such cattle a written permit 
to pass the same into the Territory, otherwise such permit 
shall be refused. 

Sec. 192. It shall be the duty of said board to make all 
useful rules and regulations respecting examinations and in- 
vestigations for the granting or refusing of certificates of 
health and permits provided for in the next succeeding section 
of this act, and give ample publicity thereto, so that all per- 
sons, companies and corporations who may desire to drive or 
transport any cattle into the Territory may be conveniently 
advised of what will be required to obtain any such certificate 
or permit during the existence of any prohibition to the im- 
portation of cattle into the Territory under this act, and of 
when, where and to whom applications therefor may be made. 



58 CATTLE SANITARY BOARD. 

Sec. 193. Every person, company, corporation, or their or 
either of their agents or employes, having in charge cattle 
destined for introduction into this Territory during the exis- 
tence of any prohibition against such importation, under this 
act, of cattle, may make application for said certificate of health 
or permit to the proper person designated at the place nearest 
to the proposed point of entrance into the Territory, specify- 
ing in such application, the time and place, where and when 
such cattle will be ready for inspection and the circumstances 
of the importation investigated, which place shall be beyond 
the boundary lines of the Territory. Such application shall 
be made at least ten days before the time specified for such 
inspection. Any person, corporation, or their or either of 
their agents having cattle in charge to be driven or transported 
into this Territory from any place in another state or terri- 
tory, may have such inspection and examination at such place 
before starting with such cattle, as he shall so elect; provided 
he shall pay all expenses of such inspection and investigation 
including per diem and traveling expenses for the person or 
officer making the same and designated for that purpose by 
said board. 

Sec. 194. Whenever any cattle shall be driven or trans- 
ported into the Territory without obtaining a certificate of 
health or permit by the person in charge thereof, in any case 
where such certificate or permit is required by the provisions 
of this act, and if such cattle shall have been inspected and an 
investigation had in relation thereto and such certificate or 
permit refused, as required by this act, then such cattle may 
be seized and securely held in quarantine under such reason- 
able rules and regulations as shall be prescribed therefor by 
said board, and as they may deem necessary to guard against 
other cattle becoming affected with any cattle disease covered 
by this act ; and they shall be held in quarantine for such length 
of time as such board shall in their opinion deem necessary 
for the sanitary protection of cattle in this Territory. And 
if such cattle shall not have been so inspected and an investi- 
gation had, then the same shall take place wherever the cattle 
may be found, and they may be seized and held for that pur- 
pose and a certificate of health or permit granted or refused, 
as the case may require, and if refused, the cattle may in like 
manner be held for quarantine. All the necessary expenses 
of quarantine and inspection under the provisions of this sec- 
tion shall be paid by the owner or owners of such cattle. 



TERRITORY OF NEW MEXICO. 59 

Sec. 195. All expenses incurred in and by the inspection 
and quarantine of cattle under the preceding section, shall be 
a lien on such cattle to secure the payment thereof in favor of 
said board, as an indemnity, for the expenses so incurred; and 
all loss and damages incurred and suffered by any person, 
company or corporation, by reason of any cattle disease cov- 
ered by this act, disseminated among or communicated to, car- 
tle in this Territory by cattle driven or transported into such 
Territory in violation of any of the provisions of this act, shall 
be a lien on the cattle so unlawfully imported in favor of 
the person, company or corporation so incurring or suffering 
such loss or damage thereby. All liens covered by this section 
shall take precedence and priority over any other lien or en- 
cumbrance on any such cattle existing at the time of their 
unlawful importation as aforesaid, or at any time subsequent 
thereto. All such liens shall subsist and become effective as 
security for ultimate payment without any other act or pro- 
ceeding whatever, and after judgment any such lien may be 
foreclosed by sale of the cattle on execution. 

Sec. 196. In order to enforce the one hundred and ninety- 
fourth and one hundred and ninety-fifth sections, the board 
or any member thereof, or any one they may authorize, shall 
seize any cattle that may come into this Territory during the 
enforcement of this law without first having obtained a permit. 
After the seizure such cattle shall be held in close quarantine 
until the board is satisfied all danger has passed, and either of 
the parties above named and empowered to make the arrest' 
may call on any party within a reasonable distance to assist 
in making the seizure of said cattle, and any one refusing to 
so assist shall upon complaint and proof of such an officer to 
the justice of the peace, be fined not less than twenty-five nor 
more than one hundred dollars or to be imprisoned in the 
county jail not to exceed three months. When the board is 
satisfied that there is no further danger from the seized cattle, 
they may render a bill of costs to the owner or claimant, and 
upon the payment of the sum, release such cattle, or they may 
advertise such cattle in a public newspaper for at least two 
weeks, and then sell them to the highest bidder, retaining only 
enough to satisfy all expenses incurred, or they may turn loose 
such cattle on the range or return them to the place of entry. 
All persons who are summoned to assist in seizing said cattle 
shall be allowed a reasonable compensation for such service, 
not to exceed two dollars per day for man and horse, or four 



60 CATTLE SANITARY BOARD. 

dollars per day for a man and team of two horses, nor shall 
any person be required to assist in the seizure for more than 
ten consecutive days. 

Sec. 197. (See also Amendment in Chap. 1, Laws 1903). 
In all cases of contagious and infectious disease covered by 
this act, including Texas or splenic fever, existing or becom- 
ing epidemic on premises previously quarantined, as provided 
by this act, said board is authorized and empowered to cause 
the slaughter of cattle upon such premises which are known 
to be so diseased or have been exposed to such disease, when 
said veterinarian shall decide that same is necessary for the 
sanitary protection of other cattle and shall so advise such 
board, and said board shall be of the same opinion and shall 
order such slaughter to be done; Provided, however, That no 
such cattle shall be slaughtered that have no disease nor have 
been exposed to any disease, including Texas or splenic fever. 
Such slaughter of cattle shall be done under the superintend- 
ence of said veterinarian or board, who prior thereto, shall 
notify the nearest justice of the peace and deliver to him the 
order therefor; such justice shall thereupon select and sum- 
mon before him three cattlemen of the neighborhood, who 
shall have no interest in the cattle to be slaughtered, to act 
as appraisers of the value of such cattle, and administer to each 
of them an oath to make a true, faithful and impartial appraise- 
ment of the value of the cattle to be slaughtered, without pre- 
judice against or favor to anyone. Thereupon said apprais- 
ers shall inspect such cattle and make such appraisement there- 
of. They shall also return to each justice certificates of their 
valuation of each animal so appraised, containing an accurate 
description thereof, with brands, ear marks, wattles, age, sex, 
color and class, as near as may be. One of such certificates 
to be filed with the justice, one to be delivered to the owner of 
the cattle to be slaughtered and one to be transmitted to the 
said board by said justice. The fees of justices of the peace 
for services herein provided, shall be the same as for similar 
services as fixed by law, and said appraisers and all necessary 
employes for the slaughter of animals and destruction of their 
carcasses, as provided by this act, shall receive three dollars 
per day and their necessary expenses while engaged therein, 
all of which shall be paid by said board upon their order. Such 
veterinary surgeon shall also superintend the destruction of 
the carcasses of each animal and each part thereof which shall 
be by burning the same to ashes. 



TERRITORY OF NEW MEXICO. 61 

Sec. 198. In making such appraisement said appraisers 
shall consider the effect of the disease on the value of each 
animal and the certificate of such veterinarian or board as to 
the probable fatality of the same. All claims for indemnity 
to owners of cattle slaughtered, as provided by this act, shall 
be presented to said board and passed upon by said board and 
allowed and paid upon its order to the extent of the appraised 
value of the animals slaughtered, as herein provided, and owned 
by such claimant; Provided, Such animals are such as the 
slaughtering of which an indemnity is allowed under this act, 
and the proceedings in regard to such slaughter and appraise- 
ment have been regular. Such application shall be accom- 
panied with the certificate of appraisement delivered to such 
owner. 

Sec. 199. Owners of cattle appraised and slaughtered as 
herein provided shall be entitled to indemnity therefor to the 
extent of such appraised value except in the following cases : 
- First. For animals belonging to the United States. 

Second. For cattle brought into the Territory in violation 
of any of the provisions of this act. 

Third. For cattle that had the disease for which they were 
slaughtered or had been destroyed by reason of exposure to 
the disease at the time of their arrival into the Territory. 

Fourth. For cattle which the owner or claimant knew to be 
diseased or had notice thereof at the time they came into his 
possession. 

Sec. 200. In case of epidemic or contagious disease (in- 
cluding Texas or splenic fever) may become known to the 
board to exist or shall be likely to exist or shall be threatened 
within the Territory, and the board may deem it necessary to 
use more money than the present assessment (one-half of one 
mill on each dollar) may yield, then they may summon the gov- 
ernor, treasurer and auditor of the Territory to meet as a Ter- 
ritorial Cattle Sanitary Board, at the governor's, treasurer's 
or auditor's office, in the City of Santa Fe, and if this board 
upon meeting, shall determine it to be to the best interests of 
the cattlemen of the Territory to do so, they may order a levy 
not to exceed one-fourth of one per cent of the assessable value 
of cattle within the Territory, or they may issue bonds in the 
denomination of one hundred dollars, bearing interest not to 
exceed eight per cent., payable annually; interest and bonds 
are payable at the First National Bank of Santa Fe, N. M. 
Said bonds shall run from five to eight years and are payable 



62 CATTLE SANITARY BOARD. 

at any time after five years. The bonds will be signed by the 
president of the Cattle Sanitary Board and by the treasurer of 
the Territory, and by the latter registered in a book to be pro- 
vided by the Cattle Sanitary Board, which book shall be con- 
tinued in the possession of the treasurer of the Territory and 
his successors. The governor of the Territory will preside 
at all meetings of the Territorial Cattle Sanitary Board, and 
a record of each meeting will be made by the treasurer of the 
Territory, and also by the secretary of the Cattle Sanitary 
Board. The bonds shall be sold at the highest obtainable 
price. Whenever the Territorial Cattle Sanitary Board may 
think best, they may order a levy not to exceed one-eighth of 
one per cent of the assessed value of cattle within the Terri- 
tory, and continue said levy yearly until a sufficient sum is 
realized to pay said bonds with the yearly accruing interest* 
Said lev*y shall constitute a sinking fund for the payment of 
said bonds and for no other purpose. Said .sinking fund 
shall be deposited with the territorial treasurer, who shall give 
a good and sufficient bond, to be approved by the governor, 
for a sum equal to the bonds and interest. The levies pro- 
vided for by this act shall be made by the several county com- 
missioners of the different counties at the expense of such 
counties making such levies. The territorial treasurer shall 
pay said bonds in their numerical order. Notice of payment 
will be posted in the First National Bank, of Santa Fe, N. M., 
sixty days before payment. The bonds when paid shall be 
destroyed by the treasurer and auditor of the Territory and a 
record of the same by the treasurer. It shall be the duty 
of the governor to demand of and cause to be executed a bond 
by each of the members of the Cattle Sanitary Board to the 
Territory of New Mexico with two or more sufficient securi- 
ties, and in such sum as will cover the amount, which may be 
raised and collected by the aforesaid levies, condition for the 
faithful disbursement of said moneys. In the event that 
either of said members do not execute said bonds within twenty 
days, his or their office will be vacant, and the governor will 
at once fill such vacancy and require the two bonds provided 
for in this act. 

Sec. 201. The compensation of said veterinary surgeon 
and of all other employes by or under said board, and in the 
first instance, all other expenses incurred by or under said 
board, as provided by this act, shall be paid by said board or 
upon its order out of the funds hereinafter provided for; such 



TERRITORY OF NEW MEXICO. 63 

board taking or causing to be taken proper vouchers for all 
moneys so expended by them. 

Sec. 202. In the aggregate amount of money to be expend- 
ed by said board in any one year, they are hereby limited to 
the amount actually provided for that year under this act, as 
near as they can estimate. 

Sec. 203. Hereafter, each year, it shall be the duty of the 
county commissioners of each county in the Territory, at their 
first meeting after the return of the assessment of the property 
for taxation by the county assessors respectively, to levy a 
special tax of one-half (1-2) of one (1) mill on each dollar 
of the appraised value of all cattle in their county, to be known 
as the cattle indemnity fund. 

Such special tax shall be collected in the several counties and 
paid to the territorial treasurer in the manner provided by law 
for the collection and payment to such treasurer of other terri- 
torial taxes. Such fund shall be kept separately by such 
treasurer, and shall be used exclusively for the payment of 
indemnity claims for cattle that shall be slaughtered, and for 
fees, salaries, wages, costs and expenses provided under the 
provisions of this act, and shall be paid out by such treasurer 
on the order of said board. All moneys shall be assessed, 
levied and collected at the expense of the several counties, and 
where the commissioners of any county shall neglect or fail 
to make said levy they shall become personally responsible to 
the cattle indemnity fund in an amount equal to twenty-five 
per cent of the levy. 

Sec. 204. Said veterinary surgeon before entering upon the 
discharge of his duties shall take and subscribe an oath, before 
some officer 'authorized to administer oaths, to well and im- 
partially perform all professional duties assigned him, and 
each member of said board before entering upon the discharge 
of his duties shall take and subscribe an oath to faithfully and 
impartially discharge his duties to the best of his ability, and 
execute a bond in the penal sum of five thousand dollars to the 
Territory of New Mexico, with two or more sufficient sureties, 
conditioned for the faithful disbursement of all moneys. Such' 
bond shall be approved by the governor, and each of said oaths 
and bonds shall be filed with the territorial auditor. 

Sec. 205. The members of said board shall receive no 
compensation for their actual and necessary expenses while 
in the performance of their duties, and for such expenses they 
may be reimbursed out of said indemnity fund, 



64 CATTLE SANITARY BOARD. 

Sec. 206. It shall be the duty of such Board and they are 
hereby required during the first weelc in December of each 
year, to transmit to the governor a report of their doings un- 
der this act, containing a detailed account of all the receipts 
and expenditures of money by them, together with such other 
facts within the line of their duties as may be of public inter- 
est. Any such report shall be transmitted by the governor 
to the next legislative assembly. 

Sec. 207. That in addition to the powers and duties now 
conferred and prescribed by law to be exercised and performed 
by the Cattle Sanitary Board created by an act of the legisla- 
tive assembly of this Territory, entitled "An act to prevent 
the introduction of diseased cattle into New Mexico," which 
became a law on the twenty-eighth day of February, 1889, 
the said sanitary board shall have and exercise the powers and 
perform the duties prescribed by this act. 

Sec. 208. In the exercise of the powers and performances 
of the duties conferred and prescribed by this act, the said 
sanitary board shall and may make all necessary rules and reg- 
ulations respecting the inspection of cattle intended for ship- 
ment or to be driven beyond the limits of this Territory; and 
also respecting the inspection of hides and slaughter houses 
in this Territory, and for the government of all employes of 
the said sanitary board. 

Sec. 209. It shall be the duty of the said sanitary board to 
cause to be inspected the brands and ear marks upon the cattle 
shipped or driven out of this Territory, and to cause to be kept 
and preserved a true and correct record of the result of such 
inspections, in the office of the secretary of said sanitary board, 
which record shall set forth the date of the inspection, the 
place where, and the person by whom made, the name and 
postoffice addresses of the owner, shipper or claimant of the 
cattle so inspected, and the names and postoffice addresses of 
all persons in charge of such cattle at the time of the inspec- 
tion, the destination of such cattle, as well as a list of all brands 
and ear marks upon the cattle so inspected, and the number 
and classification of such cattle. 

Sec. 210. It shall be the duty of every person shipping or 
driving cattle out of this Territory to hold the same at some 
convenient place for inspection, as provided by this act, and it 
shall be unlawful for any person to ship, drive or in any man- 
ner remove beyond the boundaries of this Territory any herd 



TERRITORY OF NEW MEXICO. 65 

or band of cattle until they shall have been inspected as pro- 
vided by this act. 

(Sec. 211 — Repealed.) 

Sec. 212. Every person, company or corporation, or their 
or either of their agents, servants, or employes, having in 
charge cattle destined for transportation by rail or to be driven 
beyond the limits of this Territory, may make application to 
the proper inspector to inspect the brands and ear marks of any 
such cattle, stating in such application the time and place, when 
and where said cattle will be ready for inspection, and it shall 
be the duty of such inspector, or of some other inspector to be 
designated by the said sanitary board, to attend at the time 
and place designated in such application and inspect the said 
cattle, make the record and give the certificate required by the 
provisions of this act, free of charge, to the owner of said cat- 
tle ; Provided, however, That in the case of cattle transported 
out of this Territory by rail, the place of inspection shall be at 
some stock yards, or other convenient place near the proposed 
point of shipment of said cattle from the Territory; and Pro- 
vided, Further, That if the owner or person in charge of said 
cattle shall cause any reasonable delay or loss of time to such 
inspector, such owner or person in charge of any such cattle 
shall pay the expenses and salary of such inspector during such 
delay or loss of time. (Amended by Chapter 53, Laws '90, 
Sec. 2.) 

Sec. 213. Every inspector employed by the sanitary board 
under the provisions of section one hundred and ninety shall 
in addition to the duties prescribed by the said act, be an in- 
spector of brands and ear-marks and also the inspector 
of hides and slaughter houses under the provisions of 
this act, and it shall be the duty of some one of such inspectors 
to inspect the brands and ear marks of all cattle transported 
or driven out of this Territory, and to make a sworn report to 
the secretary of the said sanitary board of the result of such 
inspection at least once in every thirty days and oftener if, in 
the opinion of the sanitary board, it shall be necessary to do so ; 
every slaughter house in this Territory shall be carefully in- 
spected by some one of the inspectors aforesaid, and all hides 
found in such slaughter houses shall be carefully compared 
with the records of such slaughter houses and a report in writ- 
ing setting forth the number of cattle killed at any such 
slaughter house since the last inspection (or since the passage 
of this act, as the case may be), the names of the persons from 



66 CATTLE SANITARY BOARD. 

whom each of said cattle was bought, the brands and marks 
upon each, and any information that may be obtained touching 
the violation by the owner of any such slaughter house, or any 
person, of the provisions of an act entitled "An act for the pro- 
tection of stock, and for other purposes," approved April i, 
1884. (See section eighty- four.) For the purpose of mak- 
ing the inspection authorized by this act, any inspector em- 
ployed by the said sanitary board shall have the right to enter 
in the day or night time any slaughter house or other place 
where cattle are killed in this Territory, and to carefully ex- 
amine the same, and all books and records required by law to 
be kept therein, and to compare the hides found therein with 
such records. Any person who hinders or obstructs, or at- 
tempts to hinder or obstruct any inspector employed by the 
said sanitary board in the performance of any of the duties 
required of him under the provisions of this act shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be 
fined in any sum not exceeding one hundred dollars, at the 
discretion of the court trying the case. 

Sec. 215. The records required to be kept by the secretary 
of the said sanitary board shall be kept in a well bound book, 
to be provided by the board for that purpose, and a certified 
copy of any such record under the hand and seal of the secre- 
tary of the board shall be "prima facie" evidence in all courts 
of this Territory of the truth of any fact required to be record- 
ed therein by this act. 

Sec. 216. Any inspector employed by the said sanitary 
board who shall knowingly make any false certificate under 
the provisions of this act, or who shall knowingly swear falsely 
as to the truth of any report made by him to the secretary of 
said sanitary board or who shall accept any bribe or compensa- 
tion for the performance or failure to perform any of the duties 
prescribed by this act, except such compensation as may be 
paid him by the said sanitary board, shall upon conviction 
thereof be fined in any sum not exceeding one thousand dol- 
lars, or imprisoned in the territorial prison not exceeding five 
years at the discretion of the court. 

Sec. 217. The secretary of the said sanitary board shall 
receive such compensation as shall be fixed by the said board, 
not exceeding one thousand dollars per annum. (Amended 
by Chap. 30, Sec. 2, Laws of 1905). He shall keep a record 
of all inspections of brands and ear marks in well bound books 
to be provided for that purpose, and shall perform such other 



TERRITORY OF NEW MEXICO. 67 

duties as shall be prescribed by the board. He shall take and 
subscribe an oath faithfully to performi all of his duties of sec- 
retary of such board, and shall enter in bond' in the penalty of 
five thousand dollars, with good and sufficient sureties, to be 
approved by the said sanitary board, conditioned for the faith- 
ful performance of his duties. Any person injured by any 
misfeasance, malfeasance or nonfeasance of said secretary may 
institute an action on said bond in the name of the Terrtiory 
of New Mexico, for his use and benefit, in any court of com- 
petent jurisdiction, and recover thereon such damages, not 
exceeding the penalty of the bond, as he shall have sustained 
by such misfeasance, malfeasance or nonfeasance. 

Sec. 218. The salaries of all employes and all other ex- 
penses incurred by the said sanitary board shall be paid as now 
provided by law, except that in addition to moneys hereafter 
to be raised by taxation all surplus moneys now in the treasury 
arising from the special tax known as the cattle indemnity 
fund, shall be available for that purpose. 

Sec. 219. Any person, firm or corporation who shall violate 
any of the provisions of this act, or who shall remove any cat- 
tle beyond the limits of this Territory, without having the same 
inspected as required by this act, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be fined in any 
sum not less than one hundred dollars and not more than five 
thousand dollars, in the discretion of the court; but nothing 
in this act contained shall be construed as in any manner affect- 
ing the laws now in force respecting the larceny of cattle. 

Sec. 220. In order to provide the necessary moneys for the 
payment of the expenses incurred by the Cattle Sanitary Board 
of New Mexico in the execution of the provisions of an act 
entitled "An act in relation to live stock," approved February 
14, 1 89 1, the said board shall have power to borrow money and 
to issue negotiable paper therefor ; but the indebtedness so 
created shall not at any time exceed the sum of five thousand 
dollars, and any indebtedness so created shall be paid out of 
the revenue accruing to the cattle indemnity fund from taxes 
levied and assessed or to be levied and assessed upon cattle 
only, and from fees arising from the inspection of cattle and 
hides as hereinafter provided, and not otherwise. 

(Note: Sec. 221 — Repealed.) 

Sec. 222. All inspection fees and charges shall be paid to 
the secretary of the said board, who shall transmit the same to 



68 CATTLE SANITARY BOARD. 

the territorial treasurer to be placed to the credit of the cattle 
indemnity fund. 

Sec. 223. (As Amended by Laws 1903). Said board 
shall have power to sell all unclaimed cattle, horses, mules and 
asses which may come into its possession and to make all 
necessary rules and regulations for the government for such 
sale as we'll as for the disposition of the proceeds thereof, but 
all moneys arising from the sale of unclaimed cattle shall be 
paid into the territorial treasury to the credit of the cattle in- 
demnity fund and paid out as other moneys in the said fund. 

Sec. 224. All moneys arising from the sale of unclaimed 
cattle remaining in the treasury for the period of twelve 
months, shall be deemed forfeited to the said fund by the owner 
or owners thereof; Provided, That the said board shall be 
required to make reasonable rules and regulations to enable 
the owners therof by the use of reasonable diligence to know 
of the existence of such moneys and to claim the same. 

Sec. 225. All acts and parts of acts in conflict with this act 
are hereby repealed, and this act shall take effect and be in 
force from and after its passage; but nothing in this act shall 
be construed to repeal the provisions of any existing act author- 
izing the levy of a special tax upon cattle for the benefit of the 
cattle indemnity fund. 
An Act for the Prevention of Contagious Diseases 

Among Cattle. H. B. 61; Approved March 18, 1897. 

Sec. 226. Whenever the Cattle Sanitary Board of this Ter- 
ritory shall have reason to believe that contagious pleuro- 
pneumonia, tuberculosis, or any other contagious or infectious 
disease fatal to cattle, exists or has become epidemic upon any 
premises or in any locality in this Territory, it shall be the duty 
of said board to employ a competent veterinarian, who shall 
examine, and if deemed necessary, quarantine, under such 
rules and regulations as the said board may prescribe, all 
cattle suspected of being diseased or that have been exposed to 
such disease. 

Sec. 227. Whenever it shall be necessary, in the opinion of 
said veterinarian, in order to stamp out and prevent the spread 
of such disease, that the diseased cattle and those that have 
been exposed thereto, should be slaughtered, he shall report the 
same to said sanitary board, and if the said board be satisfied 
of the correctness of said report and the necessity therefor, they 
shall cause such cattle to be slaughtered under the direction 



TERRITORY OF NEW MEXICO. 69 

of the board or said veterinarian, and the carcasses to be dis- 
posed of as the board may direct. 

Sec. 228. Prior to such slaughtering the board shall ap- 
point one disinterested person, resident of the county wherein 
such cattle are to be slaughtered, who shall act with a like dis- 
interested person to be appointed by the owner of such cattle, 
and fix the price to be paid out of the cattle indemnity fund or 
the funds realized from the special tax provided for in section 
twenty of chapter one hundred and six, Session Acts of 1889, 
as an indemnity for the slaughter of such animals, and in 
event said two appraisers are unable to agree, they shall choose 
a third disinterested resident of said county to act with them 
in such appraisement. 

Sec. 229. All claims for indemnity for cattle slaughtered 
under the provisions of this act shall be presented to the board, 
with the sworn certificate of such appraisers and shall be paid 
out of any funds at the disposal of said board not otherwise 
apropriated; Provided, That no indemnity shall be paid for 
cattle which were diseased when brought into this Territory 
or which the owner thereof knew or had reason to believe were 
so diseased when they came into his possession, nor for any 
cattle brought into the Territory contrary to law. Any per- 
son aggrieved by such appraisement and award may appeal to 
the district court for the county in which said cattle were 
slaughtered, but such appeal shall not delay the slaughtering of 
such cattle; and such appeal shall be docketed and tried as 
appeals from justices of the peace are docketed and tried. 

Sec. 230. Any person or persons, or the agent or employe 
of any firm or corporation, who shall refuse to permit animals 
suspected of being diseased to be inspected, quarantined or 
slaughtered, as provided in this act, or who shall willfully in- 
terfere with said veterinarian or the sanitary board, or any of 
its officers or employes in the discharge of their duties in re- 
lation to the inspection, quarantine or slaughter of such ani- 
mals, shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be fined for such offense in a sum of not 
less than fifty nor more than one hundred dollars, or impris- 
oned in the county jail for not less than thirty nor more than 
sixty days, or both such fine and imprisonment in the discretion 
of the court or justice trying the case. 

Sec. 231. The Cattle Sanitary Board of New Mexico shall 
have authority to employ a competent attorney to give advice 
and counsel in regard to any matter connected with the duties 



70 CATTLE SANITARY BOARD. 

of the board, to represent the board in any legal proceedings, 
and to aid- in the enforcement of the laws in relation to live 
stock, and to fix the compensation to be paid to such attorney. 

For the purpose of providing funds therefor and for the 
employment of additional inspectors, and other necessary ex- 
penses incurred by said board, a special tax shall be levied upon 
all cattle in the several counties of this Territory in the manner 
and according to the provisions of section twenty, of chapter 
one hundred and six, of the Acts of the Twenty-eighth Session 
of the Legislative Assembly of the Territory of New Mexico, 
which levy shall be within the limit provided for in said sec- 
tion. Upon the order of the governor, auditor and treasurer, 
as provided in said section, the county commissioners of the 
several counties shall cause such levy to be made upon the 
assess.ed valuation of all cattle of the bovine species within 
their respective counties and shall cause such tax to be collect- 
ed and paid over to the territorial treasurer to the credit of the 
cattle indemnity fund. 



CHAPTER VI. 



Indian Stock — Provisions Concerning. 



Sec. 22,2. It shall not be lawful for any Indian, belonging 
to any savage tribe, to permit any mule or horse, under his con- 
trol or in his possession, to be loose or grazing, from the first 
day of April to the first day of December, within one league 
of any cultivated field or ranch, in the possession of any civil- 
ized inhabitant of this Territory. 

Sec. 233. Whenever any mule, or horse, the property of, or 
in the possession of any Indian, as aforesaid, shall be found 
loose, in violation of the above section, it shall be lawful to 
seize and take such mule or horse, by any force that shall be 
sufficient, and immediately convey such mule or horse to the 
nearest justice of the peace within the Territory. 

Sec. 234. Upon such animals being taken before the jus- 
tice of the peace, proof shall be made of the finding of the 
same, and thereupon the justice of the peace shall summon 
three disinterested residents of the precinct, who shall then be 
duly sworn by the justice to truly assess any damages which 



TERRITORY OF NEW MEXICO. 71 

the said mule or horse had done to any cultivated field or ranch, 
while loose, contrary to the provisions of this act. 

Sec. 235. Upon the report of the appraisers so sworn, the 
justice shall render his judgment for the amount assessed in 
favor of him who received the damage by reason of said mule 
or horse being loose, as also, in all cases, the sum of two dol- 
lars, to be paid to the person taking up such animal, and car- 
rying the same to the justice. The justice shall also give 
judgment for all reasonable costs and charges properly at- 
tending the prosecution of the cause. 

Sec. 236. If, within ten days of the rendition of the judg- 
ment any Indian of the tribe to whom the horse or mule be- 
longs shall appear before the justice and claim the horse or 
mule, and shall satisfy the justice that the claim is made in 
good faith, and shall pay into the office of the justice the full 
amount of the judgment and costs, the justice shall cause such 
horse or mule to be delivered into the hands of such Indian. 

Sec. 237. If the mule or horse shall not be so redeemed 
within ten days, the justice shall issue his execution to the 
constable to sell the mule or horse, and the same shall be sold 
in the same manner as other property by virtue of execution ; 
Provided, The said mule or horse may be redeemed, as afore- 
said at any time before sale. 

Sec. 238. Out of the proceeds of said sale, the full amount 
of the judgment and costs shall be paid into the office of the 
justice, and the justice shall, within one month, report the 
overplus to the county treasurer, and pay the same into the 
county treasury, and take the treasurer's receipt therefor. 

Sec. 239. Whenever any horse or mule, the property of any 
savage Indian, shall be found injuring the property of any 
citizen of this Territory, or any animal, it shall be presented 
as already indicated in this law ; and if there is an Indian agent 
or sub-agent in the place, it shall be the duty of the person in- 
jured to advise the agent or sub-agent of the damage done him 
by the animal or animals of the Indian or Indians; and if the 
agent or sub-agent does not have said damage paid, then the 
justice of the peace, where the complaint is made, shall pro- 
ceed as provided in this act. 

Sec. 240. An Act approved January 13, i860, shall be de- 
clared as embracing and to be applicable in all its provisions to 
the several pueblos of Indians who reside within the limits of 
the organized counties of this Territory, for the purpose of 
preventing equally the damages and injuries that said com- 
munities of Indians commit upon our citizens, with all classes 
of animals. 



72 CATTLE SANITARY BOARD. 

CHAPTER VII. 



Animals Injured by Railroads. 



Sec. 241. (Sec. 241 as amended by Chap. 86, Laws of 
1 901.) Hereafter every railroad corporation whose lines 
of road, or any part thereof, are open for use, shall, within six 
months after the passage of this act, and every railroad com- 
pany formed or to be formed, but whose lines are not now 
open for use, shall, within six months after the lines of such 
railroad or any part thereof are open, erect and thereafter 
maintain fences on the sides of their said railroad, or the part 
thereof so open for use, suitable and amply sufficient to pre- 
vent cattle, horses, sheep, mules, burros and hogs from get- 
ting on the said railroad, except at the crossings of public 
roads and highways and within the limits of towns, cities and 
villages, and shall also construct, where the same has not al- 
ready been done, and hereafter maintain at all public road 
crossings, now existing or hereafter established, cattle guards 
suitable and sufficient to prevent cattle, horses, sheep, burros, 
mules and hogs from getting onto said railroad. If any rail- 
road corporation shall fail to construct such fences and cattle 
guards as herein directed, each and every one of said railroad 
corporations so failing to comply with the directions of this 
act, shall be liable in damages in the manner and to the extent 
hereinafter limited, and provided. And any railroad corpora- 
tion which has so failed to fence its line, in addition to the 
penalties above described shall be and hereby is required to 
post a notice in a conspicuous place upon its depot building at 
the county seat of the county through which its line or lines 
may run, every ninety (90) days fixing therein a full descrip- 
tion of the brands and marks of every animal killed or 
damaged during the ninety days next preceding the posting 
of said notice. 

Sec. 242. Whenever any cattle, horses, sheep, mules, bur- 
ros, or hogs shall be killed, injured or destroyed by any rail- 
road company operating a railroad in this Territory or by its 
agents, trains, cars or locomotives, at any point on its line of 
road, where by law such railroad is required to be fenced, and 
the owner of any such animal, so killed, injured or destroyed, 



TERRITORY OF NEW MEXICO. 73 

shall make affidavit of his ownership and of the injury or 
destruction of said property, and of the value of the same or 
of the amount of injury done thereto, and file the same with 
and give ninety days' notice in writing to any station agent, 
employed in the management of the business of such railroad 
company, in the county where the killing, injury or destruc- 
tion complained of shall have been committed, such killing, 
injury or destruction is hereby made prima facie evidence of 
the negligence on the part of such railroad company; and if 
such railroad company, at the expiration of said ninety days 
shall not have paid for the animal killed the fair market value 
thereof, or if the animal has not been killed, the actual amount 
of damage done by reason of the injury inflicted by such rail- 
road company, upon suit brought for the recovery of damages 
lor such killing, injury or destruction, judgment shall be ren- 
dered against said railroad company for the actual value of 
the animal or for the damage inflicted, if the animal has not 
been killed, unless said company shall be able to overcome the 
presumption of negligence based upon the fact of the killing, 
injury or destruction as herein provided and establish that such 
killing, injury or destruction was not the result of negligence 
on the part of said railroad company or its agents in the man- 
agement of its trains, cars or locomotives; Provided, That if 
the owner mlake claim for a greater sum than the actual market 
value of the property killed or destroyed, or for greater dam- 
age than was sustained by him on account of any injury to any 
such animal or animals, then and in such event, in case judg- 
ment shall be rendered against the railroad company for a 
sum not exceeding or for a less sum than, the amount offered 
and for which voucher was tendered by such railroad company 
in settlement and satisfaction of such claim, the costs of the 
action shall be taxed against such owner; And Provided, 
Further, The provisions of this act shall apply to railroad cor- 
porations in the hands of receivers and in order to sue such 
receiver it shall not be necessary to obtain permission of the 
court by whom such receivers were appointed. 

Sec. 243. That for the purpose of this act a sufficient and 
suitable fence is defined and declared to be a fence at least four 
and one-half feet high, constructed of posts and wire, the top 
wire to be four and one-half feet above the ground and shall 
have at least four wires upon posts not exceeding twenty feet 
apart. 



74 CATTLE SANITARY BOARD. 

LAWS OF 1 899 



CHAPTER XVI. 



An Act in Relation to Brands. Approved February 16, 
1:8pp. 

See also Chapter 95, Laws 1905. 

Whereas, There are now on record in the territorial brand 
book sixteen thousand brands, many of which are known to 
be obsolete and out of use ; and, 

Whereas, The finding- of any brand for neat cattle which 
does not so cover and damage the hide as to greatly diminish 
the value of the animal so branded, is very difficult, and for 
the purpose of correcting the record of brands and the elimina- 
tion of those brands known to have been abandoned and which 
are now obsolete ; 

Be It Enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section 1. The Cattle Sanitary Board of New Mexico shall 
have the power and shall cause all brands now in actual use to 
be re-recorded. For this purpose the Cattle Sanitary Board 
shall issue its circular letter to the owner or owners of any 
brand now appearing upon the brand record in the office of the 
secretary of the board, requiring the owners of said brand to 
furnish the secretary with an exact fac simile of any brand or 
brands now being used by such owners. In addition to the 
above notices the Cattle Sanitary Board shall cause such circu- 
lar letter and blank applications for re-recording to be filed with 
all inspectors of the board, postmasters, or in some public place 
in each town or village in the Territory, and shall also cause the 
publication in either Spanish or English or both, in at least one 
paper in each county, of the requirements of this act, such pub- 
lication to continue for not less than four weekly issues. 

Sec. 2. Within six months from the date of the first pub- 
lication it shall be the duty of all owners of brands now of 



TERRITORY OF NEW MEXICO. 75 

records in the office of the Cattle Sanitary Board to have filed 
with the secretary of said board a fac simile of the brands now 
in actual use and owned by them. By actual use is meant 
brands kept up, and which must be so marked as kept up, or 
brands not kept up on increase, but which are holding- brands 
on cattle or horses now actually owned by them. All brands 
re-recorded under the provisions of this act shall be recorded 
free of cost to the owner of said brands, except for the internal 
revenue stamp required by the United States internal revenue 
laws of 1898, if filed within six months, as hereinafter provid- 
ed, otherwise the owner shall pay the usual fee and shall be 
subject to the restrictions for recording brands as now pro- 
vided by law. 

Sec. 3. Any person, company or corporation who shall 
cause to be recorded a brand not the property of such person, 
company or corporation, or who shall cause any brand to be 
recorded under the provisions of the preceding sections, in 
which there are no cattle of which such brand is the holding 
brand, or any probate clerk or ex-officio recorder who shall 
record a brand unless accompanied by a certificate of the sec- 
retary of the Cattle Sanitary Board, as now provided by law, 
or any person who shall use a brand cancelled, as hereinafter 
provided, shall be guilty of a misdemeanor, and shall upon 
conviction, be fined in a sum not less than twenty-five dollars. 
and not more than one hundred dollars for each and every of- 
fense; said fine to go to the school fund of the county where 
the offense is committed. 

Sec. 4. All brands now of record in the office of the Cattle 
Sanitary Board and not re-filed within six months hereinbefore 
provided, shall be declared unnecessary, obsolete, useless, can- 
celled, expunged, and not of record; provided, that it shall be 
proven to the satisfaction of the Cattle Sanitary Board that any 
brand now of record, was, either by omission or error, not 
re-recorded, as herein provided, the Cattle Sanitary Board 
shall cause the same to be re-recorded. 

Sec. 5. Any brand offered for record under the provisions 
of this act, the Cattle Sanitary Board shall have the power to 
reject, if upon satisfactory evidence it is shown to the said 
board that the same is offered for, or is of such character that 
it is likely to be used for malicious or deceptive purposes, or 
not in conformity with the provisions of section 2 of this act. 

Sec. 6. This act shall be in force from and after its pas- 



76 CATTLE SANITARY BOARD. 

sage, and all acts and parts of acts in conflict herewith are 
hereby repealed. 



NOTE — Section 2 of this act contains amendment as passed by laws 
of 1905, Chapter 14. 



CHAPTER 44. 



An Act for the Protection of Stock Raisers, and to 
Prevent the Sale of Dressed Meats From Animals 
That Have Been Stolen in the Territory of New 
Mexico. S. H. B. 6/; Approved March 15, 18pp. 



Contents. 

Sec. 1. Persons offering dressed meat for sale shall exhibit the hide 

with such meat. Duty of butcher or dealer to keep record 

of brands, etc. 
Sec. 2. Such record of brands, etc., open at any time to inspection. 

Proviso. 
Sec. 3. Butcher or dealer failing to inspect hide and make record, 

guilty of felony. Proviso. 



Be It Enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 

Section 1. That hereafter persons engaged in the business 
of butchers or of buying or selling dressed meats in the Ter- 
ritory of New Mexico, shall not after the passage of this act 
buy from any person or persons any dressed beef, or the car- 
casses or portions thereof of any sheep or goat, unless the 
person offering such meats or any of them for sale, shall at the 
same time exhibit to such butcher or dealer in such meats, the 
hide or hides of the animal or animals from which said meat 
was taken and until such butcher or dealer in dressed meats 
shall have entered in a book, to be kept by him for that pur- 
pose, a full and complete description of such hides, giving the 
ear marks, brands of each hide so exhibited separately, also the 
color, character and age of the animal from which each of said 
hides was taken, as nearly as possible at the time. 

Sec. 2. That the record of marks and brands and descrip- 
tion of hides of animals, the meat of which is purchased by 
butchers or dealers in fresh meats, as provided for in Section 
1 of this Act, shall be preserved by him and at all times kept 
in a convenient place for the inspection of the inspectors ap- 
pointed by the sanitary board, of the cattle owners and of any 



TERRITORY OF NEW MEXICO. 77 

other persons who may be interested in such hides, or the ani- 
mals from which the same were taken to the officers of the 
law. 

Provided, Any person selling or offering for sale any fresh 
meats as prescribed in this bill the same having been killed 
within the Territory, shall produce at the time of said sale or 
offer for sale is made, the hide of the animal or animals, the 
meat of which he sells or offers to sell. And if such person 
shall upon the demand of any hide or cattle inspector of the 
Cattle Sanitary Board, or any peace officer or any other per- 
son, fail to produce and exhibit the hide or hides of such ani- 
mal or animals, at the time such sale or offer for sale is made, 
they shall be deemed guilty of a felony and upon conviction 
thereof in any of the courts of this Territory having jurisdic- 
tion of such cause, shall be fined in any sum not less than 
twenty-five nor more than three, hundred dollars or by im- 
prisonment for a term of not less than six months nor more 
than two years or both in the discretion of the court trying 
said cause. 

This proviso shall not apply to nor be in force against per- 
sons who may have purchased meat from any person or per- 
sons who have displayed to the purchaser the hide or hides of 
the animal or animals from which said meat was taken. 

Sec. 3. That any butcher or dealer in dressed meats in the 
Territory of New Mexico, either at wholesale or retail, who 
shall purchase the carcasses of any cattle, sheep or goats, or 
shall buy any portion of the carcasses of any such animal or 
animals, without having first inspected the hide or hides of 
such animals and making the record of the marks and brands 
of such sheep or goats, if any, and without having made the 
record, the marks, brands, color, and character of each hide as 
hereinbefore provided shall be deemed guilty of a felony, and 
upon conviction thereof in any of the courts of this Territory, 
having jurisdiction of such cause, shall be fined in any sum 
not less than twenty-five dollars nor more than one thousand 
dollars, or by imprisonment for a term not less than six 
months nor more than three years, or both in the discretion 
of the court trying said cause. 

Provided, That this act shall in nowise apply to dressed 
meats of any and all kinds which may or shall be shipped into 
this Territory from any other state or territory, nor to meats 
purchased by one dealer from another authorized butcher or 



78 CATTLE SANITARY BOARD. 

dealer in dressed meats, who has complied with the require- 
ments of this act and the laws now in force relating to 
butchers. 

Sec. 4. All acts and parts of acts in conflict with this act 
are hereby repealed, and this act shall take effect and be in full 
force and effect from and after its passage. 

(This Act Amended by Chapter 14, Acts of 1905.) 



CHAPTER 53. 



COUNCIL SUBSTITUTE FOR HOUSE SUBSTITUTE FOR COUNCIL 
BILL NO. 45. 



An Act in Relation to the Shipment of Cattle, to 
Provide for the Inspection of Same, and to Repeal 
Sections 211 and 221 of the Compiled Laws of New 
Mexico of 1897. 



Be It Enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 
Section 1. That hereafter it shall be unlawful for any per- 
son, firm or corporation to offer, and for any railroad company 
or other common carrier to receive for purpose of shipment and 
transportation from points within to other points within or 
beyond the limiits of the Territory, any herd, band or consign- 
ment of cattle unless the same shall have been duly inspected 
by a duly authorized inspector, and a certificate of such inspec- 
tion issued by such inspector as required by the laws of this 
Territory. 

Sec. 2. That there shall be a fee, or charge, for the inspec- 
tion of cattle hereafter inspected under the provisions of this 
act of three cents per head, and such fee, or charge, shall be a 
lien upon the cattle inspected under the provisions of this act 
until the same shall be paid. Each inspector of cattle shall 
keep a complete record in a proper book of all cattle inspected 
by him, giving all brands and marks and the name or names of 
the shipper or shippers of the same, and a copy of said record 
shall be filed with and preserved by the Cattle Sanitary Board 
of the Territory. 

Sec. 3. That any person, firm, corporation, common car- 
rier, railroad company or agent thereof violating any of the 
provisions of this act, or refusing to permit the inspection of 



TERRITORY OF NEW MEXICO. 79 

any cattle as by this act provided, shall, upon conviction there- 
of, be deemed guilty of a misdemeanor, and shall be fined in 
any sum not exceeding one thousand dollars for each violation 
of this act. 

Sec. 4. That sections 211 and 221 of the Compiled Laws of 
New Mexico of 1897, be and the same are hereby repealed; 
and this act shall take effect and be in force from and after its 
passage. 

Approved the 16th day of March, A. D. 1899. 

(Signed) Miguel A. Otero, 

Governor of the Territory of New Mexico. 



CHAPTER 23. 



An Act to Prevent the Larceny of Live Stock in the 
Territory of New' Mexico. H. B. No. hi; Ap- 
proved March 12, ipoi. 



Contents. 

Section 1. Calves and Colts not to be separated from mothers. Pro- 
viso. 

Sec. 2. Freshly Branded Live Stock not to be Confined in Any Man- 
ner nor Offered for Sale. Exceptions. Term "Freshly 
Branded" Defined. 

Sec. 4. Penalties for Violations. 

Sec. 5. Animals to be Held as Estrays. Duties of Inspectors. Dis- 
position of Money Received from Sales. 



Be It Enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 
Section i. That hereafter it shall be unlawful for any 
person, firm or corporation to hold under herd, confine in any 
pasture, building, corral or other enclosure, or to picket out, 
hobble, tie together or in any manner interfere with the free- 
dom of calves of neat cattle or colts of horses, asses and burros 
which are less than seven months old except such young ani- 
mals be accompanied by their mothers. 

This provision shall not apply to the calves of milch cows 
when such cows. are actually used to furnish milk for house- 
hold purposes or for carrying on a dairy; but in every such 
case the person, firm or corporation separating calves from 
their mothers for either of these purposes, shall, upon the de- 



80 CATTLE SANITARY BOARD. 

mand of any cattle owner, sheriff, inspector or any other offi- 
cer, produce, in a reasonable time, the mother of each one of 
such calves so that interested parties may ascertain if the cow 
does or does not claim and suckle such calf. 

Sec. 2. That hereafter it shall be unlawful for any person, 
firm or corporation to hold under herd, confine in any pasture, 
building, corral or other enclosure, or to picket out, hobble, tie 
together or in any manner interfere with the freedom of, or to 
sell, offer to sell any freshly branded neat cattle, horses, mules, 
asses or burros. 

This provision shall not apply to any freshly branded ani- 
mal which may have been previously branded with an older 
and duly recorded brand, and for which animal the claimant 
has a legally executed bill of sale from the owner of the older 
brand ; nor to young animals under the age of ten months 
which are accompanied by their mothers ; nor to the calves of 
milch cows when such cows are actually used to furnish milk 
for household purposes, or for carrying on a dairy ; but in every 
such case the person, firm or corporation, separating calves 
from their mothers for either of these purposes shall, upon the 
demand of any cattle owner, sheriff, inspector or other officer, 
produce, in a reasonable time, the mother of each of such 
calves so that interested parties may ascertain if the cow does 
or does not claim and suckle such calf. 

The term "Freshly Branded" shall be construed to include 
any animal on which there is a brand that has not peeled off 
and fully healed. 

Sec. 3. That whenever the plural form of the name of an}' 
kind of animal is used in this act, it shall be considered to mean 
one or more of such animals. 

Sec. 4. That any violation of this act shall be considered 
a misdemeanor and any person violating the provisions thereof 
or any of them, either as principal or when acting for, or as 
manager of the business of any firm or corporation shall, upon 
conviction, be punished by a fine of not less than two hundred 
nor more than one thousand dollars or by imprisonment in the 
county jail, for not less than six months nor more than eleven 
months, or by both such fine and imprisonment, at the dis- 
cretion of the court trying the same. The fines assessed and 
collected under this act shall go one-half into the Court Fund, 
and one-half into the Wild Animal Bounty Fund of the county 
in which the case is tried. 



TERRITORY OF NEW MEXICO. 81 

Sec. 5. That all animals held in violation of this act shall 
be considered estrays, and it shall be the duty of any inspector, 
appointed by the Cattle Sanitary Board of the Territory of 
New Mexico, who shall receive notice of such violation, to 
take into his possession as estrays or unclaimed live stock all 
such animals and hold them for proof of ownership. If the 
ownership of such estrays be not proved within ten days, they 
shall be sold by the inspector having them in charge at the 
highest price obtainable; the funds received from such sale, 
after the costs of keeping and sale have been deducted, shall 
be turned over to the cattle board to be kept and disposed of in 
the same manner as is now provided by law for funds arising 
from the sale of estrays. 

Sec. 6. That all acts and parts of acts in conflict herewith 
are repealed and this act shall be in force from and after thirty- 
days from its passage. 



LAWS OF 1901 



NOTE — Section 2 of this Act Repealed Laws 1905, Chapter 130. 



CHAPTER 28. 

An Act to Prevent Droves, Herds or Flocks of Animals 
From Trespassing Upon Private Lands and Water. 
C. B. No. 60; Approved March 16, ipoi. 



Contents. 

Section 1. Animals must not be permitted to trespass upon Private 
Lands and Water Rights. Notices to be Posted or Served. 



Be It Enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 

Section i. That after the passage of this act it shall be un- 
lawful for any person, persons, company or corporation, or 
their or either of their agents or employes having charge of 
any drove of bovine cattle, horses, sheep goats or other animals 
to permit or allow such herd of animals to go upon the lands 
of others in this Territory for the purpose of grazing or water- 
ing upon any waters upon such lands, without the permission 

or his or their agent. The 



82 CATTLE SANITARY BOARD. 

provisions of this act shall apply not only to titled lands in this 
Territory, but to any lands upon which any person may have 
a valid existing filing under the laws of the United States, or 
any lands which may be leased by any person froml the Terri- 
tory of New Mexico. (Sec. 2 — Repealed.) 

Any person, persons, company or corporation who may claim 
the benefits of the protection of this act, shall carefully and 
conspicuously mark the line or lines of his or its lands, so that 
such mark may be easily seen by persons handling such droves, 
flocks or herds of animals, and shall post a notice upon such 
land conspicuously, warning against trespassing thereon, or 
shall serve personal written notice giving description of such 
land by government surveys or by metes and bounds. 

Sec. 3. This act shall take effect and be in force from and 
after its passage. 



CHAPTER 31. 



An Act Granting Power to Municipal Corporations to 
Prohibit the Running at Large of Animals and 
Authorizing the Impounding and Summary Sale 
of Same. H. B. No. 43; Approved March 19, 1901. 



Contents. 

Section 1. Municipal Corporations Empowered to Prohibit the Run- 
ning at Large of Animals. 



Be It Enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section i. That every municipal corporation or incorpor- 
ated city or town in the Territory of New Mexico, incorpor- 
ated under any general or special act, shall have power by or- 
dinance to regulate, restrain and prohibit the running at large 
within the limits of such corporation, of horses, cattle, burros, 
swine, sheep and goats, and to provide for the impounding and 
the sale of said animals so found running at large. 

Sec. 2. This act shall take effect and be in force from and 
after its passage. 



TERRITORY OF NEW MEXICO. 83 

CHAPTER 42. 

An Act In Relation to the Inspection of Animals and 
for Other Purposes. C. B. No. 42; Approved March 
18, 1 go 1. 



Contents. 

Section 1. Live Stock Must be Inspected Before Removal from Ter- 
ritory. Fees. Penalties. 

Be It Enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section, i: Hereafter no horses, mules or asses, except 
those in actual use as work, draft, driving or saddle animals, 
or for use on round ups, shall be removed from this Territory 
without having first been duly inspected and released by a 
regularly authorized inspector of the Cattle Sanitary Board 
of New Mexico. The manner of the inspection herein re- 
quired, the procedure, duties and records pertaining thereto 
of the Cattle Sanitary Board of New Mexico, and of the offi- 
cial inspectors of said board shall be the same as is now pro- 
vided by law for the inspectors of cattle. The fee for such 
inspection of both horses and cattle, shall be three cents per 
head for every animal either shipped or driven, and for any 
violation of the provisions of this act, the same punishment 
shall be inflicted and the same penalties shall accrue as pro- 
vided in Section 219 of the Compiled Laws of this Territory 
for the year 1897. 

Sec. 2. This act shall take effect and be in force from and 
after its passage. 



CHAPTER 45. 

An Act Relative to the Peddling of Meats, and for 
Other Purposes. C. B. No. 47; Approved March 10, 
1901. 



Contents. 

Section 1. License must be Procured. 
Sec. 2. Penalty. 

Sec. 3. Hides must be Inspected Before Shipment. Fee for In- 
spection. 
Sec 4. Penalty. 
Sec 5. Section 92, Compiled Laws of IS 97, Repealed. 



84 CATTLE SANITARY BOARD. 

Be It Enacted by the Legislative Assembly of the Territory of 
New Mexko: 
Section i. Any person or persons hereafter engaging in the 
business of peddling beef in this Territory, shall first obtain 
from the authority provided by law for the issue thereof a 
peddler's license to carry on such business, and shall pay 
therefor the sum of Two Hundred and Fifty Dollars, said 
payment to be made annually in advance, and which said 
license fee when collected, shall be covered into the Wild Ani- 
mal Bounty Fund of the county, wherein said sum shall be 
paid and collected. This act shall not apply to any person 
who may sell or otherwise dispose of any beef killed in good 
faith, for his own use, and this act is intended to apply only to 
persons as make a business of peddling. 

Sec. 2. Any person found peddling beef without first hav- 
ing obtained the license provided for in Section I of this act, 
shall, upon conviction, be deemed guilty of a misdemeanor 
and shall be punished by a fine of not less than twenty-five nor 
more than five hundred dollars, or by imprisonment in the 
county jail for not less than three months nor more than six 
months, or, by both such fine and imprisonment and the vio- 
lation of any of the provisions of this act shall constitute a 
separate offense for each day that such provisions are violated. 

Sec. 3. Hereafter it shall be unlawful for any person, firm 
or corporation to offer, or for 'any railroad company, or other 
common carrier to receive, for the purpose of shipment or 
transprtation beyond the limits of this Territory, any hides 
that have not been inspected and tagged by a duly authorized 
inspector of the Cattle Sanitary Board of New Mexico, for the 
district in which such hides originate. For each hide thus, 
inspected there shall be paid by the owner or holder thereof, 
a fee or charge of ten cents, and such fee or charge shall be a 
lien upon the hides thus inspected, until the same shall have 
been paid. Each inspector of hides shall keep a complete 
record of all inspections made by him, and shall at once for- 
ward to the secretary of the Cattle Sanitary Board, on blanks 
furnished him for that purpose, a complete report of each in- 
spection, giving the names of the purchaser and shipper of the 
hides, as well as all the brands thereon, which said report shall 
be preserved by the secretary as a part of the records of his 
office. 

Sec. 4. Any person, firm or corporation, common carrier, 
railroad company or agent thereof, violating any of the pro- 



TERRITORY OF NEW MEXICO. 85 

visions of this act, or refusing to permit the inspection of any 
hides as herein provided, shall upon conviction thereof, be 
deemed guilty of a misdemeanor and shall be fined in any sum 
not exceeding One Thousand Dollars for each and every vio- 
lation of the provisions of this act. 

Sec. 5. Section 92 of the Compiled Laws of 1897 is hereby 
repealed. 

Sec. 6. ' This act shall take effect and be in force from and 
after its passage. 



NOTE — Sections 1, 2, 3, 4, 5 and 6 of the following Chapter have no 
reference whatever to cattle. Sections 7, 8, 9 and 10 which re- 
late to cattle follow: 



CHAPTER 47. 

An Act to Provide for the Appointment of a Police 
Force in Unincorporated County Seats Having a 
Population of More Than Three Thousand, and 
for Other Purposes. C. S. for C. B. No. 25; Ap- 
proved March ip, ipoi. 



Contents. 

Section 7. Live Stock to be Impounded. 

Sec. 8. May Maintain Public Pound. Estrays to be Sold. 

Sec. 9. Private Citizen May Impound Stray Animals. 



(Section 7, Amended by Chapter 25, Laws 1903.) 
Section 7. That it shall be unlawful for the owner of any 
horse, cattle, sheep, goat, swine, burro, or other domestic ani- 
mal to allow any such animal to enter within any public park, 
street, alley, avenue, or any other public thoroughfare, in any 
unincorporated county seat in this Territory and it shall be the 
duty of the Chief of Police of any such unincorporated county 
seat to impound any such animal found within any such park, 
street, alley, avenue or any other public thoroughfare. 

Sec. 8. The county commissioners of the several counties 
of this Territory shall have full power and authority to con- 
struct and maintain a public pound within such unincorporated 
county seat, the expense of which shall be paid out of the spec- 
ial fund aforesaid and the chief of police upon impounding any 
animal as herein provided shall sell the same to the highest bid- 
der for cash after giving notice of the time and place of such 



86 2 CATTLE SANITARY BOARD. 

sale by three hand bills posted in public places in such county 
seat for a period of five days prior to such sale, and the pro- 
ceeds of such sale up to the amount of Five Dollars shall be 
retained by such chief of police to cover the expenses which 
he may have incurred, and any balance he shall pay to the 
county treasurer of such county to be credited to the general 
county school fund; Provided, That the owner of any such 
animal shall have the right to redeem the same at any time 
prior to such sale by paying to said chief of police One Dollar 
for each and every day, or portion of a day, that such animal 
may have been in his custody. 

Sec. 9. That any citizen shall have the same right to im- 
pound any such animal as is herein granted to said chief of 
police, and shall at once report such impounding to said chief 
of police, who shall proceed in the manner herein provided. 

Sec. 10. This act shall be in full force and effect from and 
after its passage. 



CHAPTER 66. 



An Act to Amend an Act of the 34/ra Legislative As- 
sembly, Entitled "An Act to Prevent the Larceny 
of Live Stock in the Territory of New Mexico," 
Approved March 12, 1901. H. B. No. 237; Approved 
March 20, ipoi. 



Contents. 

Section 1. Provisions of Section 2, Chapter 23, Session Laws of 1! 
not to Apply to Certain Animals. 



Be It Enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 

Section I. That Section 2, of "An Act to Prevent the Lar- 
ceny of Live Stock in the Territory of New Mexico," ap- 
proved March 12th, 1901, be and the same is hereby amended 
by changing the second paragraph in said section to read as 
follows : 

This provision shall not apply to any freshly branded animal 
which may have been previously branded with an older and 
duly recorded brand, and for which animal the claimant has 



TERRITORY GF NEW MEXICO. 87 

a legally executed bill of sale from the owner of the older 
brand; nor to young animals under the age of ten months 
which are accompanied by their mothers; nor to the calves of 
milch cows when such cows are actually used to furnish miik 
for household purposes, or for carrying on a dairy; but in 
every such case the person, firm or corporation, separating 
calves from their mothers for either of these purposes shall, 
upon the demand of any cattle owner, sheriff, inspector or 
other officer, produce, in a reasonable time, the mother of each 
of such calves so that interested parties may ascertain if the 
cow does or does not claim and < suckle such calf. 

Sec. 2. This act shall take effect and be in force from and 
after its passage. 



CHAPTER 75. 



An Act to Amend Sections i and 2 of an Act Entitled 
"an Act to Prevent Droves, Herds or Flocks of Ani- 
mals from Tresspasssing upqn Private Lands and 
Water," Heretofore Passed by the 35TH Legisla- 
tive Assembly, Being Council Bill No. 60. H. B. 
No. 233; Approved March 21, 1901. 



Contents. 

Written Notice May be Served Personally. 



Be It Enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section 1. That Section One (1) of An Act Entitled An 
Act "To Prevent Droves, Herds or Flocks of Animals from 
Trespassing Upon Private Lands and Water," heretofore 
passed by the 24th Legislative Assembly, being Council Bill 
No. 60, be amended by adding at the end of said Section the 
following: "Or shall serve personal written notice giving de- 
scription of such land by government surveys or by metes and 
bounds." 

Sec. 2. This act shall take effect and be in force from and 
after its passage. 



CATTLE SANITARY BOARD. 

CHAPTER 86. 



An Act to Amend Section 241 of the Compiled Laws of 
1897, Relative to the Killing of Cattle by Rail- 
road Corporations C. B. No. 113; Approved March 

21, I9OI. 1 



Contents. 

Section 1. Liability of Railroads -for Cattle Killed'. Notice, Giving 
Brands and Marks, to be Posted. 



Be It Enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section i. That all of that part of Section 241, Compiled 
Laws of 1897, beginning with the word "until," in the fifth 
line from the bottom of said Section to the end thereof, be and 
the same is hereby stricken out and the following inserted in 
place thereof. "If any railroad corporation shall fail to con- 
struct such fences and cattle guards as herein directed, each 
and every one of said railroad corporations so failing to comply 
with the directions of this act, shall be liable in damages in the 
manner and to the extent hereinafter limited and provided. And 
any railroad corporation which has so failed to fence its line, 
in addition to the penalties above described, shall be and hereby 
is required to post a notice in a conspicuous place upon its depot 
building at the county seat of the county through which its 
line or lines may run, every ninety (90) days, giving therein a 
full description of the brands and marks of every animal killed 
or damaged during the ninety days next preceding the posting 
of said notice. 

Sec. 2. This act shall take effect and be in force from and 
after its passage, and all acts and parts of acts in conflict there- 
with are hereby repealed. , 



TERRITORY OF NEW MEXICO. 

CHAPTER 92. 



An Act in Regard to Damages and Other Purposes. C. 
B. No. 109; Approved March 21, 1901. 



Contents. 

Section 1. Repealing Sections of Compiled Laws of 1897, Regarding 

Damages to Fields. 
Sec. 2. Owners of Animals Damaging Fields Liable Proviso. 



Be It Enacted by the Legislative Assembly of the Territory oj 
New Mexico: 

Section i. Sections 145, 146, 147, 148, 149, 150, 151, 
Compiled Laws, 1897, are hereby repealed. 

Sec. 2. All damage or injury done to any fields sown with 
grain shalfbe paid for by the owner of the animals committing 
the said damage or injury after the damage shall have been 
appraised or valued by the parties intnerested, or in case of dis- 
pute, by two appraisers appointed for the purpose by said inter- 
ested parties. Provided, However, if the owners are unknown, 
before the Justice of the Peace shall be authorized to proceed 
in having the damages assessed or costs incurred further than 
as may be with respect to costs for due care of the live stock, if 
the same be turned over to his custody, he shall communicate 
with the Secretary of the Cattle Sanitary Board of New Mex- 
iico, giving all brands and marks on said animals and the parts 
of the animals on which the same are placed for the purpose 
of ascertaining if the said brands are on record, and if so, in 
whose name they stand recorded, in order that information 
of the trespass and damages may be made known to their owner 
or owners, and an opportunity be given them to adjust and pay 
the same. 

Sec. 3. All acts and parts of acts in conflict herewith are 
repealed; and this act shall be in force from and after its pas- 
sage. 



dO CATTLE SANITARY BOARD. 

CHAPTER 102. 



An Act to Amend Section 125 of the Compiled Laws of 
of 1897. H. B. No. 164; Approved March 21, 1901. 



Section 1. Killing of Unbranded or Freshly Branded Cattle a Mis- 
demeanor. Penalty. 



Be It Enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section i. That Section 125 of the Complied Laws of 1897 
of New Mexico, be amended to read as folloows : 

Section 125. Any person, firm or corporation who shall 
kill or cause to be killed for sale or use any unbranded neat 
cattle, or any cattle on which the brand has not peeled off and 
fuly healed, unless such cattle shall have an older and duly re- 
corded brand; or shall purchase and kill or cause to be killed 
for sale or use any neat catle, having a brand not legally 
owned by such person, firm or corporation, without having 
taken a duly acknowledged bill of sale for the same from the 
owner thereof, shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, shall be fined any sum not less than 
Fifty nor more than Two Hundred Dollars for each offense. 
All amounts collected under this Section shall go one-half into 
the Court fund and one-half into the School fund of the county 
in which such conviction is had." 

Sec. 2. This act shall take effect and be in full force from 
and after thirty days from its passage. 



TERRITORY OF NEW MEXICO. 91 

LAWS OF 1903 



CHAPTER i, 



An Act Relative to the Duties of the Cattle Sanitary 
Board. H. S. for H. B. No. 75. Approved February 
12, 1903. 



Contents. 

Section 1. Section 197, Compiled Laws of 1897, Regarding Diseases 
of Cattle and Powers of Cattle Sanitary Board, Amended. 

Sec. 2. Section 200, Compiled Laws of 18 97, Regarding Bond Issue 
and Tax Levy by Cattle Sanitary Board, Amended. 

Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section i. That Section 197 of the Compiled Laws of 
the Territory of New Mexico for the year 1897, be, and the 
same is hereby amended by striking therefrom the words 
"other than" contained in the second line of said section, and 
by inserting the word "including" in place thereof; and by 
striking therefrom the word "except" at the end of the twelfth 
line of said section and by inserting the word "including" in 
place thereof. 

Sec. 2. That Section 200 of the Compiled Laws of the 
Territory of New Mexico for the year 1897, be, and the same 
is hereby amended by striking therefrom the word "not" at the 
end of first line of said section, and by inserting the word "in- 
cluding" in place thereof; and by inserting the words "or shall 
be likely to exist or shall be threatened" after the word "exist" 
in the third line of said section. 

Sec. 3. This act shall be in force from and after its pas- 
sage. 



92 CATTLE SANITARY BOARD. 

CHAPTER 25. 



An Act to Amend Section 7 of Chapter 47 of the Ses- 
sion Laws of New Mexico, 1901, Being An Act "En- 
titled An Act to Provide for the Appointment of a 
Police Force in Unincorporated County Seats 
Having a Population of More Than Three Thous- 
and, and for Other Purposes." Approved March 
19, 1901. C. B. No. 65; Approved March 10, 1903. 



Contents. 

Section 1. Section 7, Chapter 47, Laws of 1901, Regarding impounding 
of Live Stock, Amended. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section i. That Section 7 of an act entitled "An Act to 
Provide for the Appointment of a Police Force in Unincorpor- 
ated County Seats Having a Population of Over Three Thous- 
and, and for Other Purposes," approved March 19th, 1901, 
be amended by inserting in the fourth line of said Section, im- 
mediately following the word "park," the words "street, alley, 
avenue, or any other public thoroughfare," and by inserting 
immediately following the word "park" at the end of the sev- 
enth line of said Section, the words, "street, alley, avenue, or 
any other public thoroughfare." 

Sec. 2. This act shall be in full force and effect from and 
after its passage. 



TERRITORY OF NEW MEXICO. 93 

CHAPTER 80. 

An Act Relative to Bounties on Wild Animals. H. B. 
No. 94; Approved March 17, 1903. 



(Amended by Chapter Jj, Laws 19005.) 



Contents. 

Section 1. Chapter 10, Laws of 1901, Regarding Bounty on Wild 

Animals. Amended. 
Sec. 2. Application for Payment of Bounty. Affidavit. Proviso. 
Sec. 3. False Affidavit. Penalty. 



Be it enacted by the Legislative Assembly of the Territory of 
Nezu Mexico : 

Section i. That Section I of Chapter 8o, of the Laws of 
1903, be, and the same is hereby repealed, and the following 
substituted in lieu thereof: 

The several Boards of County Commissioners are hereby 
authorized and directed to levy annually a special tax on all 
horses, burros, mules, bovine cattle, sheep and goats that may 
be found in their respective counties to any amount not ex- 
ceeding eight mills on the dollar on the assessed value thereof, 
for the purpose of raising money with which to pay bounties 
for the killing of wild animals. Such special tax shall be levied 
only for the years 1905 and 1906 and thereafter not to exceed 
four mills for any one year shall be levied and collected, in the 
manner provided by law for the collection of other county taxes 
and paid into the County Treasury as a "Wild Animal Bounty 
Fund," to be used exclusively for the payment of bounties for 
the killing of wild animals, at the following rates : 

For each coyote, wild cat or lynx, one dollar ; for each gray 
wolf or lobo and bear, twenty dollars; panther or mountain 
lion, ten dollars : Provided, However, That no application for 
wild animal bounty shall be approved or paid under the pro- 
visions of this Act unless there are funds in the "Wild Animal 
Bounty Fund" with which to pay the same: Provided, Fur- 
ther, That each applicant must present the entire skin of each 
gray wolf, lobo, panther, bear or mountain lion to the Probate 
Clerk and ex-Officio Clerk of the Board of County Commis- 
sioners, as now provided by law, to be properly cancelled, be- 
fore his claim will be filed. 



94 CATTLE SANITARY BOARD. 

Said skins to be cancelled in such manner as not to destroy 
their marketable value, and when cancelled to be returned to 
the owner. 

Sec. 2. That each party presenting - an application for the 
payment of the bounties provided for in Section I of this act, 
shall make affidavit before the Probate Clerk and ex-Officio 
Clerk of the Board of County Commissioners that he killed the 
said wild animals in the county wherein he applies for bounty, 
setting forth the location and the date of said killing, and 
wherever possible, furnishing witnesses to verify his statement : 
Provided, That no bounty shall be paid under this act for any 
wild animal where claim is not presented within ninety days 
from the date it was killed. 

Sec. 3. Any person who shall mJake application for pay- 
ment of bounty as provided in this act, for any wild animal 
killed outside of the county wherein he makes the application 
or who makes a false affidavit to any facts stated in his ap- 
plication shall be deemed guilty of a misdemeanor and upon 
conviction may be fined in any sum not to exceed fifty dollars 
($50.00) for each offense, and all such fines, when collected, 
shall be paid into the "Wild Animal Bounty Fund," of the 
county wherein the case occurred. 

Sec. 4. All acts and parts of acts in conflict with this acr 
are hereby repealed and this act shall take effect and be in force 
from and after its passage. 



CHAPTER 121. 

An Act to Amend Section 223 of the Compiled Laws of 
1897. H. B. No. 216; Approved March 19, 1903. 



Contents. 

Section 1. Section 223, Compiled Laws of 1897, Regarding Power of 
Cattle Sanitary Board to Sell Cattle. Amended. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section I. That Section 223 of the Compiled Laws of 1897 
be, and is hereby amended by adding after the word "cattle'' 
in the second line of said Section the following words, to-wit: 
"horses, mules and asses." 

Sec. 2. This act shall be in full force and effect from and 
after its passage. 



TERRITORY OF NEW MEXICO. 95 

LAWS OF 1905 

CHAPTER 14. 



An Act. Entitled "An Act to Amend Section 2, of Chap- 
ter 44, of the Laws of the 33RD Legislative Assem- 
bly Approved March 15, 1899," the Same Being an 
Act for the Protection of the Stock Raisers and 
to Prevent the Sale of Dressed Meats That Have- 
Been Stolen in the Territory of New Mexico. C. 
B. No. 27; Approved February 22, 1905. 



Contents. 

Section 1. Section 2, Chapter 44, Laws of 1899, Relating to the 

Record of Brands, Amended. 
Sec. 2. Preservation of Brand Records Proviso. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section I. That Section 2 of Chapter 44 of the Laws of the 
33rd Legislative Assembly of the Territory of New Mexico, 
entitled, "An Act for the Protection of Stock Raisers and vo 
Prevent the Sale of Dressed Meats from Animals That Have 
Been Stolen in the Territory of New Mexico, Approved March 
15, 1899," be amended to read as follows: 

Sec. 2. That the record of marks and brands and descrip- 
tion of hides of animals, the meat of which is purchased by 
butchers or dealers in fresh meats, as provided for in Section 
1 of this act, shall be preserved by him and" at all times kept in 
a convenient place for the inspection of the inspectors appointed 
by the Sanitary Board, of the cattle owners and of any other 
persons who may be interested in such hides, or the animals 
from which the same were taken by the officers of the law. 

Provided : Any person selling or offering for sale any 
fresh meats as prescribed in this bill, the same having been 
killed within the Territory, shall produce at the time of said 
sale or offer for sale is made, the hide of the animal or animals, 
the meat of which he sells or offers to sell. And if such person 
shall, upon the demand of any hide or cattle inspector of the 
Cattle Sanitary Board, or any peace officer or any other person, 
fail to produce and exhibit the hide or hides of such animal 



96 CATTLE SANITARY BOARD. 

or animals, at the time such sale or offer for sale is made, they 
shall be deemed guilty of a felony, and upon conviction thereof 
in any of the Courts of this Territory, having jurisdiction of 
such cause, shall be fined in any sum not less than Twenty-five 
nor more than Three Hundred Dollars or by imprisonment for 
a term of not less than six months nor more than two years 
or both, in the discretion of the Court trying said cause. 

This proviso shall not apply to or be in force against person^ 
who may have purchased meat from any person or persons who 
have displayed to the purchaser the hide or hides of the animal 
or animals from which said meat was taken. 

Sec. 3. All acts and parts of acts in conflict herewith are 
hereby repaeled and this act shall be in force and effect from 
and after its passage. 



CHAPTER 30. 



An Act Relating to the Fees to be Paid for Recording 
Brands; to Fix the Salary of the Secretary of the 
Cattle Sanitary Board, and for Other Purposes. 
C. B. No. 49 ; Approved March 3, 1905. 



Contents. 

Section 1. Fees for Recording Brands. 

Sec. 2. Compensation of Secretary of Cattle Sanitary Board. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Sec. i. The fees to be paid to the Secretary of the Cattle 
Sanitary Board for recording brands, and for furnishing certi- 
fied copies thereof, shall remain as now fixed by law; but said 
fees when received by said Secretary shall be transmitted the 
first of every month to the Territorial Treasurer, together with 
all inspection fees and other moneys received by said Secretary 
on the account of the Cattle Sanitary Board, to be placed to the 
credit of the Cattle Indemnity Fund. 

Sec. 2. The Secretary of said Cattle Sanitary Board shall 
receive such compensation for his serviecs as shall be fixed by 
said Board, not to exceed $1,800.00 per annum. 

Sec. 3. This act shall take effect and be in force from and 
after its passage. 



TERRITORY OF NEW MEXICO. 97 

CHAPTER 31. 



An Act to Provide for the Prevention and Eradication 
of Mange or Scabies Among Horses, Mules, Asses 
and Cattle. A. C. B. No. 29; Approved March 3, 1905. 



Contents. 

Section 1. Cattle Sanitary Board to Regulate the Treatment of In- 
fectious Diseases Among- Live Stock. Proviso. 

Sec. 2. Board to Create Infected Districts. Infected Live Stock to 
be Dipped. 

Sec. 3. Duty of Cattle Sanitary Board to Seize and Dip Infected Live 
Stock. 

Sec. 4. Cattle Sanitary Board to Employ Inspectors. Compensation. 
Duties. 

Sec. 5. Inspectors of Agricultural Department May be Appointed In- 
spector by Board. , 

Sec. 6. Direction of Dipping to be Under Agricultural Department 
Supervisor or Member of Board. Certificate of Dipping. 
Dipping Fee. 

Sec. 7. Lien on Live Stock Account of Dipping. Records to be Kept 
in Office of Secretary of the Board. 

Sec. 8. Penalty for Violations of Provisions of Act. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section i. In addition to the powers now conferred upon 
it by law the Cattle Sanitary Board of this Territory shall have 
the power and it shall be its duty to determine the existence of, 
and employ the mlost efficient and practical means to prevent, 
suppress, conrtol and eradicate the disease known as mange or 
scabies, or any contagious or infectious disease, among horses, 
mules, asses and cattle ; and to direct and regulate the handling, 
dipping or treating of any of the aforesaid classes of live stock 
when infected with or exposed to the said disease ; to make and 
adopt such quarantine and sanitary regulations to that end as 
may be by it deemed expedient : Provided, That all such regu- 
lations shall, so far as practicable, conform to the regulations 
in that regard of the Department of Agriculture of the United 
States, as they shall be from time to time promulgated; and to 
create and define districts within which such disease exists; 
Provided, Further, That in determining the district or districts 
within this Territory in which such disease from time to time 
exists; such Board shall co-operate with said Department of 
Agriculture. 



98 CATTLE SANITARY BOARD. 

A majority of said Board shall constitute a quorum, and the 
said Board may exercise any of the powers conferred upon it 
by this act through committees of its own members thereto 
specially empowered by resolution. 

Sec. 2. Whenever the said Board shall, from time, to time, 
have determined that such disease exists in any such district or 
districts and created and defined the same, the same shall be 
known as an infected district or -districts, and the Board shall, 
as soon as possible, after creating such infected district, cause 
notice of the creation and of the limits thereof to.be given by 
publication once a week for three successive - weeks, in some 
newspaper published Vithin and of .general circulation within 
said district, and if no newspaper be published therein, then in 
some newspaper published at a point nearest thereto; and 
thereupon it shall be the duty of all persons owning or having 
the control of any of the aforesaid classes of live stock within 
the boundardies of said district, to dip or treat said live stock 
within said district or so much of said live stock as the regula- 
tions of said Board applicable to said district may require ; the 
dipping of all such live stock to be in strict compliance with the 
regulations of said Board, and within such reasonable time after 
the completion of the publication of the notice of the creation 
of said district, as said Board may prescribe. The said Board 
shall, before publishing said notice, as to any created district, 
prescribe the dipping regulations applicable thereto*; and shall 
publish said regulations with said notice. 

Sec. 3. It shall be the duty of the said Cattle Sanitary 
Board, promptly upon the expiration of 40 days after the com- 
pletion of the publication of the notice of the creation of any 
such infected district, to cause to be seized and gathered and 
dipped and treatd any undipped or untreated live stock of the 
classes named within said district : Provided, However, That 
no obligation shall exist or be created by or against said Board 
on account of the clipping or treating of any live stock by it: 
but such expenses shall be a charge and shall be paid by said 
Board out of any sums realized out of the lien of liability by 
this act created. 

Sec. 4. To aid in the enforcement of the provisions of this 
act, it shall be the duty of the Board, and they are hereby au- 
thorized to employ for that service, and to be known as inspec- 
tor, as many competent and discreet persons from time to time 
as emergencies may arise, as in their judgment they may deem 



TERRITORY OF NEW MEXICO. 99 

necessary for the purpose, and shall fix their compensation, 
which shall not exceed Two Dollars and Fifty Cents per day, 
each, while in actual service, and in their actual and necessary 
expenses, while in performance of their duies, as may be agreed 
upon. And also to direct them as to their duties and as to 
where, when and how to perform them. Such persons to make 
full reports to said Board in writing of all their acts and doings 
under said instructions. And in the performance of their duties, 
whenever necessary, they may enter upon and examine any car. 
yard,' stable, corral, or any building or premises to examine any 
said live stock therein or thereon, and otherwise do whatever 
may be necessary and proper therein or thereon to the effectual 
discharge of their said powers and duties.. 

Sec. 5. Subject to the approval of the Department of Agri- 
culture of the United States, the inspectors appointed by it, 
may also be appointed by the said Board, for the services set 
forth in Section 4 of this act, and they shall hold said appoint- 
ment at the pleasure of said Board so long as they remain in- 
spectors of said Department and as such are stationed in this 
Territory, and they shall act as such inspectors without bond or 
compensation from the Territory, and shall possess all the 
powers and duties of Territorial Inspector, as needed for the 
purpose of this act. 

Sec. 6. All dipping shall be under the supervision of the 
Department of Agriculture, through its regular inspectors, or a 
duly authorized member of this Board, and every person within 
the district who shall own or control any of said live stock re- 
quired to be dipped or treated therein, shall as soon as the same 
shall have been dipped or treated in conformity with the regu- 
lations of said Board, be entitled to receive, and shall receive 
from the said Board, a certificate in writing to that effect. The 
said Board is hereby empowered and required by regulation to 
impose and collect a dipping inspection fee to cover the esti- 
mated cost of dipping or treating supervision incurred under its 
regulations. 

Sec. 7. For all sums paid out by the said Board pursuant to 
the provisions of this Section, and in addition thereto such fur- 
ther sum per head of live stock clipped or treated as in this act 
provided as may be fixed by the said Board by regulations as a 
penalty, and for all amounts due on account of dipping or treat- 
ing supervision, it shall have a lien upOn^all such live stock so 
dipped or treated and any other live stock of the person owning 
the same, which lien shall be a first lien and superior to any 



100 CATTLE SANITARY BOARD. 

other lien, claim or demand against said live stock, which said 
lien the said Board shall have power to enforce by appropriate 
action, and it may further maintain an action to recover from 
the owner of such live stock the amout of said lien. 

The Board shall cause to be kept in the office of the Secre- 
tary thereof a record of all sums due to it on account of pay- 
ments made or expenditures incurred on account of the dipping 
of any such live stock, or on account of dipping or treating su- 
pervision, together with the brand of all live stock affected by 
the lien aforesaid, and the name of the owner thereof, if known, 
which record shall be deemed to impart notice of such lien. 

Sec. 8. Any owner or person having control of any of said 
live stock or any other person whether an officer or employe of 
said Board or a private person who shall wilfully violate any 
provisions of this act or regulations or orders lawfully made in 
conformity therewith, or who shall in any manner hinder or ob- 
struct the execution of any such regulation or order, or hinder, 
resist, or obstruct any officer or employe of said Board or the 
Territorial Veterinarian or any inspector in the discharge of 
his duty or in the exercise of his lawful powers or who shall 
willfully or negligently break any quarantine or willfully jr 
negligently suffer any quarantined animal or animals to escape 
from any quarantine shall be deemed guilty of a misdemeanor. 

Sec. 9. All acts or parts of acts in conflict with this act are 
hereby repealed. 

Sec. 10 This act shall be in effect from any after its pas- 
sage. 



CHAPTER 32. 

An Act to Prohibit the Giving of and Participating in 
Cattle Roping Exhibitions. C. B. No. 23; Approved 
March 3, 1905. 



Contents. 

Section 1. Cattle Roping- Exhibitions Prohibited. 

Sec. 2. Penalty. 

Sec. 3. Jurisdiction of Justices of Peace. 



Be it enacted by the Legislative Assembly of the Territory cf 
New Mexico : 
Section i. It shall be unlawful for any association, person 
or persons to give or participate in any cattle roping exhibition 
in this Territory. 



TERRITORY OF NEW MEXICO. 101 

Sec. 2. Any association or persons who shall give any pub- 
lic exhibition of cattle roping, or who shall in any way be in- 
terested in, or participate in the giving of any such exhibitions 
as manager, ropers, or in any other manner, shall be deemed 
guilty of misdemeanor; and upon conviction shall be fined in 
the sum not exceeding .Five Hundred ($500.00) Dollars, or 
imprisonment in the County Jail not exceeding Sixty Days, or 
both such fine and imprisonment, in the discretion of the Court. 

Sec. 3. Justices of the Peace in their respective precincts 
shall have concurrent jurisdiction with the District Courts to 
hear and determine all cases arising under the provisions of 
this act. 



CHAPTER 38. 



An Act to Prevent the Sale of Animals on Shares, 
Without the Consent of the Owner, and for 
Other Purposes. H. B. No. 107; Approved March 8, 
1905. 



Contents. 

Section 1. Penalty for Sale of Animals on Shares, Without the Con- 
sent of the Owner. 

Sec. 2. Penalty for Buying or Receiving Animals Without the Con- 
sent of the Owner. 

Sec. 3. Evidentiary Value of Recorded Contracts. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section I. That hereafter, if any person having in his pos- 
session, or under his control on shares, or under contract any 
horses, cattle or sheep, and shall contract, sell or otherwise dis- 
pose of the same, or any part thereof to another, without the 
consent of such owner, the person so offending shall be deemed 
guilty of a felony, and on indictment and conviction shall be 
imprisoned in the Penitentiary not less than six months or more 
than three years, or shall be fined not less than $50.00 nor, more 
than $500.00, or shall suffer both fine and imprisonment, in 
the discretion of the Court trying the case. 

Sec. 2. Any person who shall knowingly buy of, take or re- 



102 CATTLE SANITARY BOARD. 

ceive from any person having in his possession, or under his 
conrtoJ, .any horses, cattle, or sheep on shares, or under contract, 
without the consent of the owner of such animals, shall be 
deemed guilty of a felony, and shall, on indictment and convic- 
tion, be punished as provided for in Section i of this act. 

Sec. 3. Any contract, now of record in the office Of the 
Probate Clerk and ex-Officio Recorder, or any contract which 
may hereafter be recorded in said office for animals on shares, 
or other contract regarding the possession, or control of any 
animals in the county, in which any such animals may be 
bought, contracted for, or received, shall be considered a notice 
and knowledge of all persons of the ownership of such animals, 
and on trial of any one for the violation of this act, or any part 
thereof, such recorded contract, or a certified copy thereof, shall 
be sufficient evidenc to prove the notice and knowledge of own- 
ership aforesaid. 

,. Sec. 4, This act shall take effect and be in force thirty days 
after its passage. 



CHAPTER 49. 



An Act Amending Section 182, of the Compiled Laws 
of New Mex'co, of 1897. C. B. No. 91 ; Approved- 
March 10, 1905. 



Contents. 

Section 1. Section 182, Compiled Laws of 1897, Creating the Cattle 
Sanitary Board, Amended. Cattle Sanitary Board Reor- 
ganized. Term. Appointment. Vacancies. 



Be it enacted by the Legislative Assembly of the Territory of 
. New Mexico : 

Section- i. That Section 182 of the Compiled Laws of 1897 
be. amended so as to read as follows : 

"Sec. 182. A Sanitary Board consisting of six persons, 
each of whom shall be a practical raiser and owner of neat 
cattle in this Territory, is hereby created, to be known as the 
Cattle Sanitary Board of New Mexico. The term of office 
of, each member of the said Board shall be two years from and 



TERRITORY OF NEW MEXICO. 103 

after his appointment and until his successor shall have been 
appointed, and. qualified; each of the members of said Board 
shall be nominated by the Governor of the Territory and con- 
firmed by the Legislative Council. In case of any vacancy in 
the membership of said Board by reason of death, resignation 
or otherwise, the Governor shah fill such vacancy by appoint- 
ment, and the appointee shall hold such office until his successor 
shall have been appointed and qualified." 

Sec. 2. This act shall take effect and be in force from and 
after its passage. 



CHAPTER jj. 



An Act Relative to Bounties on Wild Animal's. A. B. 
C. No. 68; Approved March 15, 1905. 



(Repealing Sec. 1, Chap. 80, Laws 1903.) 



Contents. 

Section 1. Section 1, Chapter 80, Laws of 1903, Regarding Tax on 
Certain Domestic Animals to Raise Money to Pay Bounty 
on Wild Animals,. Repealed. Amount of Tax Levy. Boun- 
ties to be Paid. Provisos. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section i. That Section i of Chapter 80 of the Laws of 
1903 be, and the same is hereby repealed and the following sub- 
stituted in lieu thereof : 

"The several Boards of County Commissioners are hereby 
authorized and directed to levy annually a special tax on all 
horses, burros, mules, bovine cattle, sheep and goats that may 
be found in their respective counties, to any amount not ex- 
ceeding eight mills on, the dollar on the assessed value thereof, 
for the purpose of raising money with which to. pay bounties 
for the killing of wild animals. Such special tax shall be. levied 
only for the years 1905 and 1906, and thereafter not to exceed 
four mills for any one year shall be levied and collected, in the 
manner provided by law for the collection of other county 



104 CATTLE SANITARY BOARD. 

taxes, and paid into the County Treasury as a "Wild Animal 
Bounty Fund" to be used exclusively for the payment of 
bounties for the killing of wild animals, at the following rates : 

"For each coyote, wild cat or lynx, one dollar ; for each gray 
wolf or lobo and bear, twenty dollars; panther or mountain 
lion, ten dollars : Provided, However, That no application for 
wild animal bounty shall be approved or paid under the pro- 
visions of this act unless there are funds in the "Wild Animal 
Bounty Fund" with which to pay the same: Provided, Fur- 
ther, that each applicant must present the entire skin of each 
gray wolf, lobo, panther, bear or mountain lion to the Probate 
Clerk and ex-Officio Clerk of the Board of County Commis- 
sioners, as now provided by law, to be properly cancelled before 
his claim will be filed. 

"Said skins to be cancelled in such manner as not to destroy 
their marketable value, and when cancelled to be returned to 
the owner." 

Sec. 2. All acts and parts of acts in conflict with this act 
are hereby repealed, and this act shall take effect and be in full 
force from and after its passage. 



CHAPTER 94. 

An Act Providing for the Arrest of Persons Who May 
Violate the Provisions of Sections 1133 and 1134 of 
the Compiled Laws of 1897. C. B. No. 134; Approved 
March 16, 1905. 

Contents. 

Section 1. Arrest of Persons Violating Sections 1133 and 1134, Com- 
piled Laws of 1897, Regarding Cruelty to Animals. 

Be it enacted by the Legislative Assembly of the Territory of 
Nezv Mexico : 
Section i. Any person who may be found in the act of 
violating any of the provisions of Section 1133 or of Section 
1 134 of the Compiled Laws of 1897, may be arrested by any 
other person who may find or see them in the act of committing 
such violation and the person so arresting the person commit- 
ting such violation shall be authorized to immediately take him 
before the nearest Justice of the Peace and make complaint of 
such violation, and such Justice of the Peace shall immediatelv 



TERRITORY OF NEW MEXICO. 105 

investigate the said cause and either place the party tinder bail 
to await the action of the Grand Jury, or try said cause, as in 
his judgment would be most proper, unless upon such investi- 
gation, he shall find the party against whom the complaint will 
be made, not guilty, in which case, he shall discharge him. 

Sec. 2. This act shall be in force and effect from and after 
its passage. 

(Sections 1133 and 1134 relate to maliciously maiming, dis- 
figuring or killing any animal, or administering poison to any 
animal. ) 



CHAPTER 95. 



An Act to Prevent and Punish the Running and the 
Use Upon Horses, Cattle, Mules and Asses of Any 
Brand That is Not Recorded in the Territorial 
Brand Book, in the Office of the Cattle Sanitary 
Board. H. S. for C. B. No. 28; Approved March 16, 
1905. 



Contents. 

Section 1. Unlawful to Use Unrecorded Brand. 

Sec. 2. Seizure of Animals With Unrecorded Brands. 

Sec. 3. Secretary Cattle Sanitary Board to be Notified of Seizure of 

Animals. Proviso. 
Sec. 4. Notice of Sale of Stock to be Published. 
Sec. 5. Violation of Act, a Misdemeanor. Penalty. Proviso. 
Sec. 6. What to be Deemed Evidence of Guilt. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section I. It shall be unlawful for any person, firm or cor- 
poration, after the first day of September, 1905, to use any 
brand for branding any horses, cattle, mules or asses, unless 
said brand shall have been duly recorded in the office of the 
Cattle Sanitary Board of New Mexico, and the person, firm, or 
corporation using such brands holds a certificate from the said 
Cattle Sanitary Board certifying to the fact of such record. 

Sec. 2. Any horses, cattle, mules or asses, found branded 
with any brands not duly recorded as provided for in Section 
1 of this act, shall be subject to seizure by any peace officer or 
duly authorized hide or cattle inspector appointed by the Cattle 
Sanitary Board of New Mexico. 

Sec. 3. The person seizing such animal or animals shall at 



106 CATTLE SANITARY BOARD. 

once notify the Secretary of the Cattle Sanitary Board of New 
Mexico, giving the number,, age and sex of said animals, 
together with the brands appearinng on them. And if said 
brands shall prove not to be of record in the Territorial Brand 
Book, the said Secretary, shall direct the seized animals to be 
sold as unclaimed cattle, as provided in Section 223 of the Com- 
piled Laws of New Mexico of 1897: Provided, The Cattle 
Sanitary Board shall cause such animal or animals to be return- 
ed to the owner on payment of the expenses for keeping them 
upon such owner recording said brands in the Territorial Brand 
Book within 30 days from the date of seizure by the peace 
officer or cattle inspector appointed by said Cattle Sanitary 
Board. 

Sec. 4. When any stock shall be seized as provided in this 
act, and sold as provided in Section 223, the Secretary of said 
Board, before offering such stock for sale, shall publish a notice 
of the sale as in case of sales of personal property under chattel 
mortgages, as provided by statute in the county where the same 
were -seized. - ■ 

Sec. 5. Any person, firm or corporation violating the pro- 
visions of this act shall be guilty of a misdemeanor, and upon 
conviction thereof, in any of the courts of this Territory, having 
jurisdiction of such cause, shall be fined in a sum of not more 
than Five Hundred Dollars, or imprisonment for a term not ex- 
ceeding One Year : Provided, No such sentence shall be im- 
posed or conviction had in case the owner shall have within 
thirty days from the seizure of such animal or. animals, caused 
such brands to be recorded, or when such person shall prove 
that such brands have been used by him for more than one 
year, and in such case he shall be required to record his brand 
immediately. 

Sec. 6. It shall be deemed evidence of, guilt that the person 
or persons violating this act, shall have, been seen placing said 
brand upon animal or animals, whether those seized or. others, 
or shall have claimed to any person or persons that fre. or they 
owned or claimed such unrecorded brand, or that the person or 
persons so violating Section 1 of this act, were found or seen 
handling, driving or holding in an enclosure of any kind any 
animal or animals bearing said unrecorded brand, except for 
the purpose of roundup. 

Sec. 7. All acts or parts of acts in conflict herewith are 
hereby repealed, and this act shall be in full force and effect 
from and after the first day of September, 1905. 



COMPILER'S NOTES 



The great necessity for having the Stock Laws of New Mex- 
ico, in so far as they relate to cattle, horses and mules, gathered 
together into one compact volume where they can be easily 
referred to and studied, has led the Cattle Sanitary Board to 
undertake the work. 

It is published for the information and benefit of the stock- 
men of the Territory, and copies may be had by application to 
the office of the board. 

We have endeavored to omit all laws that have been re- 
pealed, and have indexed the various topics as thoroughly and 
carefully as possible so that any desired point may be readily- 
found. 

Incidentally, the work of compilation has unearthed many 
peculiar and obsolete laws, that are interesting from their 
ancient structure, and which are in some ways a menace to the 
industry and should be repealed. See, for example, the powers 
given justices of the peace, pages 46, et seq. 

Compiled and arranged in the office of the Cattle Sanitary 
Board. 

Will C. Barnes, 

Secretary. 

Las Vegas, N. M., August, 1905. 



SUPPLEMENT 



The following important modifications of the United States 
Regulations having been published, since this book went to 
press, they are hereby issued as a supplement. Also modifica- 
tion of the Regulations concerning the entry of cattle and 
horses into this Territory intended for immediate shipment, 
and other matters overlooked when compiling the work. 



Amendment No. i to the Regulations of the Secretary , of 
Agriculture governing the inspection, disinfection, cer- 
tification, treatment, handling, and method and manner 
of delivery and shipment of live stock which is the sub- 
ject of Interstate Commerce. 

Effective on and after September 15, 1905. 



MODIFICATION OF REGULATIONS 10, 19, 20, 21, 22, 
AND 24. 



U~ S. Department of Agriculture, 

Office of the Secretary, 
Washington, D. C, August 30, 1905. 

The regulations of the Secretary of Agriculture governing 
the inspection, disinfection, certification, treatment, handling, 
and method and manner of delivery and shipment of live stock 
which is the subject of interstate commerce, issued under date 
of May 1, 1905, and effective on and after June 1, 1905, are 
hereby modified by the revocation of Regulations 10, 19, 20, 
21, 22, and 24, and the substitution therefor of the following 
regulations, which revocation shall take effect on September 15, 
1905, on and after which date the regulations given below shall 
become and be effective until otherwise ordered. 

Regulation 10. — Live stock shipped from a quarantined area, 
not accompanied by a certificate of an inspector of the Bureau 
of Animal Industry showing freedom from disease or from ex- 
posure thereto, shall not be diverted en route to feed lots or to 
other States for feeding, stocking, or breeding purposes unless 
inspected and certified by an inspector of the Bureau of Animal 
Industry. 

Regulation 19. — No cattle which are diseased with scabies 



110 CATTLE SANITARY BOARD. 

shall be shipped or trailed from one State or Territory into an- 
other State or Territory or the District of Columbia, except as 
hereinafter provided; and no cattle shall be trailed, shipped, 
otherwise removed, or allowed to drift from one State or Ter- 
ritory'or portion fhereof quarantined for' the disease of scabies 
in cattle, into another State or Territory or the District of Col- 
umbia/ except as hereinafter provided, unless the cattle have 
been inspected by an inspector of the Bureau of Animal Indus- 
try and found free from disease and are accompanied by a cer- 
tificate from the said inspector. 

The removal of cattle unaccompanied by a certificate of in- 
spection from an inspector of the State or Territory or the Dis- 
trict of Columbia, or an inspector of the Bureau of Animal In- 
dustry, from a quarantined portion of a State or Territory or 
the District of Columbia, into a portion of the same State or 
Territory or the District of Columbia, not quarantined, will 
subject the unquarantined portion of the State or Territory or 
the District of Columbia to quarantine. 

Regulation 20. — In States or Territories or portions thereof 
quarantined by the Secretary of Agriculture for scabies- in cat- 
tle, those cattle which upon inspection by an inspector of the 
Bureau of Animal Industry, at the time of shipment, are found 
to be free from symptoms of scabies, shall be given a certificate 
and allowed to move to points outside the quarantined area for 
any purpose subject only to such restrictions as may be im- 
posed by the State or Territorial officers at points of unloading 
and destination; but if a herd or consignment, intended for 
feeding, breeding, or stocking purposes, be offered, for inspec- 
tion and shipment and a portion, thereof is found to be diseased 
with scabies, or if the cattle offered for inspection and ship- 
ment are part of a herd that is known to be so diseased, the 
diseased cattle offered for shipment shall be dipped- twice in 
either the lime-and-sulphur or the tobacco-and-sulphur dip, or 
once in Beaumont crude petroleum, in the manner hereinafter 
provided;, and the cattle offered for shipment which are not 
visibly diseased shall be dipped once before shipment. 

Regulation 21. — Cattle not visibly diseased with scabies may 
be shipped without inspection from points in the quarantined 
area to any. of the following-n-amed recognized live-stock cen-r 
ters: Buffalo, 'N. Y., Chicago, III, Cincinnati, Ohio, Cleveland, 
Ohio; Denver, Colo., Fort Worth, Tex., Indianapolis, Ind., 
Kansas City, Mo., Kansas City, Kans., Louisville, Ky.,. Mil- 
waukee, Wis., National Stock Yards, 111., Omaha, Nebr,, Sioux 
City; Iowa, St. Joseph, Mo., St. Louis, Mo., St. Paul, Minn. 



TERRITORY OF NEW MEXICO. Ill 

When so shipped the cattle shall be submitted for inspection 
at destination, and when found upon such inspection to be' free 
from disease and from exposure thereto en route, no further 
restrictions shall be placed upon them. If found upon inspec- 
tion to be infected they shall not be permitted further shipment 
until treated as heretofore prescribed for diseased cattle. 

When cattle are shipped without inspection to live-stock cen- 
ters under the terms of this regulation the employes of the 
transportation company shall affix to both sides of each car a 
durable, conspicuous, printed placard not less than 5^ by 8 
inches in size, the letters of which shall be boldface and not less 
than Tij inches in height. These placards shall bear the wOrds 
"uninspected cattle/' and shall not be removed until the 
cattle have arrived at destination and the inspector has indicated 
the disposition to be made of the cars: The zvaybills, ednduc- 
tors' manifests, mem'oranda, and bills of lading of said 'ship- 
ment shall also bear the notation, '''uninspected cattle/'' 

Regulation 22. — Cattle diseased with scabies which have 
been dipped once in either the lime-and-sulphur or the tobacco- 
and-sulphur dip in the manner hereinafter provided, under the 
supervision of an inspector of the Bureau of Animal Industry, 
within ten days of date of shipment, and cattle not visibly dis- 
eased, but which are known to be a part of a diseased herd, may 
be shipped for immediate slaughter to a recognized slaughter- 
ing center, and when so shipped the said cattle shall not be 
diverted en route and shall be slaughtered within two weeks 
after arrival at destination. If cattle diseased with scabies 
are to be shipped for stockers or feeders, they shall be dipped 
twice in either the lime-and-sulphur or the tobacco-and-sulphur 
dip ten days apart, or once in Beaumont crude petroleum, un- 
der supervision, and shall be submitted to inspection before 
shipment. Cattle not visibly diseased, but which are known to- 
be part O'f a diseased herd, intended for stockers or feeders, 
shall be dipped once before shipment. However, diseased cat- 
tle may be dipped once in either the lime-and-sulphur or the 
tobacco-and-sulphur clip under the supervision of an inspector 
of the Bureau of Animal Industry at the point of origin and 
shipped for stocking or feeding purposes, if arrangements have, 
been made for the second dipping en route or at destination at 
the required time after the first dipping at a point where there 
is an inspector stationed, and under his supervision.- Cattle not 
visibly diseased, but which are known to be part of a diseased 
herd, shipped to another State- or Territory for feeding or 
stocking purposes, may be dipped en route instead of at poinj- 



112 CATTLE SANITARY BOARD. 

of origin by special permission first had and obtained from the 
Chief of the Bureau of Animal Industry. 

Regulation 24. — When either diseased cattle that have been 
dipped once in the lime-and-sulphur or the tobacco-and-sulphur 
dip, or cattle not visibly diseased, but which are known to be a 
part of a diseased herd, are shipped in accordance with Regula- 
tion 22, the employes of the transportation company shall affix 
to both sides of each car a durable, conspicuous, printed plac- 
ard, not less than 5-J l by 8 inches in size, the letters on which 
shall be in boldface, and not less than 1^ inches in height. 
These placards shall bear the words "dipped scabby cattle/' 
or "cattle exposed to scabbies/' and shall not be removed 
until the cattle have arrived at destination or point of dipping, 
have been unloaded, and the cars have been disinfected. The 
waybills, conductors' manifests, memoranda, and bills of lading 
of said shipment shall also bear the notation, to be affixed by 
the transportation company, "dipped scabby cattle/'' or 
""cattle exposed to scabbies/' 

James Wilson, 
Secretary of Agriculture, 
Amendment No. 1 to Rule 2. — To prevent the spread of scabies 
in cattle. 
Amendment effective on and after September 15, 1905. 



United States Department of Agriculture, 

Office of the Secretary. 

The fact has been determined by the Secretary of Agricul- 
ture, and notice is hereby given, that the contagious and com- 
municable disease known as scabies is not now known to exist, 
or exists to a slight extent oniy, among cattle in certain States 
and parts of States and Territories quarantined by Rule 2, 
dated May 1, 1905, and effective June 1, 1905. 

Now, therefore, I, James Wilson, Secrctary of Agricul- 
ture, do hereby remove and revoke the quarantine placed by 
Rule 2 upon the following area, to wit : 

The States of Washington and Oregon ; all that part of 
the State of Kansas lying east of the western boundary lines of 
the counties of Smith, Osborne, Russell, Barton, Stafford, 
Pratt, and Barber ; all that part of the State of Colorado lying 
west of the summit of the Medicine Bow Range of mountains 
in Larimer County, the west line of Boulder, Gilpin, Jefferson, 
Teller, Custer, Huerfano, and Las Animas counties; and also 
that part of Colorado lying west of the Ninth Guide Meridian 
West in Fremont County; the counties of Big Horn, Fremont, 



TERRITORY OF NEW MEXICO. 113 

Sweetwater, and Uinta in the State of Wyoming ; all that part 
of the State of Texas lying east of the 100th meridian of longi- 
tude west of Greenwich and north of the 29th parallel of north 
latitude; the counties of San Juan, Rio Arriba, Taos, McKin- 
ley, Bernalillo, Santa Fe, Valencia, Socorro, Lincoln, Grant, 
Sierra, Luna, Dona Ana, and Otero in the Territory of New 
Mexico, and all of the Territory of Oklahoma except the 
counties of Woodward and Beaver. 

The quarantine placed by Rule 2 upon the above-described 
territory shall cease to be effective on and after September 15, 
1905, on and after which date this Rule shall become and be 
effective until otherwise ordered. 

Done at Washington this thirtieth day of August, 1905. 

Witness my hand and the seal of the Department of Agricul- 
ture. 

[Seal] James Wilson, Secretary of Agriculture. 

Amendment to Paragraphs 3 and 4, Page 13, concerning im- 
portation of cattle into the Territory of New Mexico ; the fol- 
lowing proviso is attached to Paragraph 4, Page 13 : 

Provided, however, that cattle or horses coming into this 
Territory for immediate shipment at either of the following 
shipping points, viz : Portales, Nara Visa, Clayton and Folsom, 
be allowed to enter without the required certificate of health 
or dipping with the distinct understanding that said animals 
shall be shipped within fifteen days after entry and that if re- 
fused shipment on account of being diseased, they will be placed 
in quarantine by the inspectors of this board and not released 
until they have been dipped under the board's supervision. All 
expenses of said quarantine and dipping to be paid by the owner 
of the animals. 

Line inspectors are directed to act in accordance, with these 
instructions and when allowing such animals entry for imme- 
diate shipment, to endorse across the certificate of inspection the 

words "For immediate shipment at " giving 

the shipping point for which they were destined. 

BUTCHERS. 
What constitutes a butcher. 

The following is published for guidance of inspectors and 
others. 

There are three classes of persons in New Mexico who can be 
called butchers. 

The first is the regular butcher who has a permanent slaugh- 
ter house and place of business. Such persons are required to 



114 CATTLE SANITARY BOARD. 

file a bond with the County Commissioners in the sum of $1,000 
as provided in Section 84, Page 29 of these laws. 

They must keep a brand book (Page 19, Section 19) show- 
ing brands of all animals slaughtered by them, from whom 
purchased and the date of purchase and slaughter. This book 
must be open to the inspection of any person desiring to see it. 

They must take and keep a bill of sale for every animal they 
purchase for slaughter (Page 19, Section 1-9, also page 90) 
which bills of sale must agree with the brand book kept by 
them. 

They must keep all hides taken from animals by them for 
thirty days unchanged and unmutilated. 

Failure to do any of these things subjects the person sofound 
guilty to fine and imprisonment. 

The next class of butchers are the meat peddlers, covered by 
Chapter 45, Pages 84-85. 

This is aimed at persons who make a business of peddling 
beef in wagons or otherwise, who are not regular bonded 
butchers. Such persons must have a peddler's license, paying 
the sum of $250 per annum for it. 

The third class is the ranchman who kills an animal for his 
own use and sells a portion of it to his neighbors or other per- 
sons. 

The person so selling the meat must have with him at the 
time of offering for sale the hide of the animal killed which hide 
shall be open to the inspection of any and all persons who may 
care to examine it. 

Any regular butcher buying any beef from such a person 
must enter in his brand book a copy of the brands on the hides 
so accompanying the meat, together with name of seller, with a 
notation that the brands were upon the hide accompanying the 
meat so purchased. 

This class is not required to give bond, hut failure to have 
the hide with them subjects them to heavy fine and imprison- 
ment. Pages 95-96. 

HIDE TAGS. 

Inspectors are advised when opening a bunch of hide tags to 
string them upon a piece of baling wire in their regular numeri- 
cal order so they will not get mixed. By this means they can 
always use the tags in regular order and the numbers on the 
tags will follow each other regularly in their reports. 

POINTS TO PRESSES. 
If the point to a seal press should be broken, new ones can be 
obtained by applying to the office of the board. 



INDEX 



Page 



Amendment — To govt, order concerning mange, see 
Supt. To C. L. 1897 

Animals — Without owner 

Killed by It. R. .... 72-7 

Freshly branded 79-8 

Wild-bounty on 93-94 104 

Cruelty to 

May be impounded 8 

See also Cattle-Stock. 

Annual Report — See Report. 

Appraisers — How selected 6 

Pay of 

How governed 

For damages from Indian stock 

For damages by stock 

Appeal from 

Appeal — From appraisement 

Attorney — Board may employ 

Auditor — To order levy 

Authority — To handle stock, owners may give ...... 



91 


197-200 


48 


174 


3-88 




0-86 




-105 




105 




2-85 




50-69 


197-228 


60 


197 


61 


198 


70 


234-5 


89 




69 


229 


69 


229 


69 


231 


70 


231 


39 


122 



Beef — Peddling of 76-77-84-95- 

Bill of Sale — Butchers must have 19-40- 

Must be given 27- 

Penalty for not giving 

To be exhibited on demand 

Fee for acknowledging 

Must be sworn to 

Where recorded 

Bounty — Wild animal 93-94-104-1 

Board — Cattle Sanitary a Board of registration 

To record all brands 

To transcribe all brands received 

To publish brand book 

Quorum of 

Prevent disease 

May employ veternarian 

To provide books 



-90 


19-125 


-37 


75-119 


27 


76 


28 


77 


37 


119 


37 


119 


39 


123 


05 




34 


169 


34 


110 


35 


112 


36 


116 


52 


183 


52 


1S4 


52 


184 


52 


184 



118 CATTLE SANITARY BOARD. 

Page Sec. 

To keep accounts of expense 52 186 

May prohibit cattle coming in 54 188 

May ask Governor to make proclamation 54 188 

To employ suitable help 56 190 

May investigate violations 56 191 

May administer oaths 56 191 

To make rules, etc 57 192 

May seize cattle 58 194-196 

May sell quarantined cattle 59 196 

May slaughter diseased cattle 61 197-198 

Not to pay for slaughtered cattle 61 199 

Territorial Cattle Sanitary Board 61 200 

May issue bonds 61 200 

Compensation of members 63 205 

Shall make rules and regulations 64 208 

May borrow money 67 220 

To appoint appraisers 69 228 

May employ attorney 69 231 

To re-record brands 74-75 

May sell stray horses 94 1 

Terms of members 102 

Qualification of members 102 

Number on board 102 

May reject brand 75 5 

Bonds — Board may issue 61 200 

How paid 62 200 

Of members 63-62 204-200 

Of veterinarian 63 204 

Butchers must file 29 84 

Failure to file by butchers 29 84 

Failure to file by members 62 200 

Where filed 63 204 

Of secretary 67 217 

Brand — More than one not to be kept up 37 117 

Minors may have 37 118 

When not recorded 3 9 121 

Inspection of 64 209-212 

Re-recording of 74-75 

Recorder must not accept 75 C 

Not re-recorded .' 75 3-4 

Obsolete 75 4 

Board may reject 75 5 

Must be recorded 106 

Not recorded 106 

Certified copy prima facie evidence 23 67 

Defacing 23 6S 

Using one not recorded 106-7 68 



TERRITORY OF NEW MEXICO. 119 

Page Sec. 

Book to be kept by butchers 19-30 19-86 

Book failure or refusal to show 30 87 

Illegal unless recorded 34-106-7 107 

Subject to sale, transfer or assignment 34 108 

To be transcribed 35 111-112 

Fee for recording 35 113 

Fee for certificate 35 114 

Unlawful for Co. Rec. to record 36 115 

Book to be published 36 116 

Bulls — To be furnished on ranges 26 73 

Pedigree bull described 26 73 

Taking up or detaining 41 133 

May be castrated 50 180 

Butcher — Must keep hides 30 days 19 24 

Must have bills of sale 19-90 1.9 

Must keep brand book 19 19 

Should keep record brands 21-30 37-86 

Must file bond 29 S4 

Failure to file bond 29 84 

Refusal to show brand book 30 87 

To keep hides 30 S9 

Refusal to show hides 31 91 

Buying dressed beef 76 1 

To keep record of hides of dressed beef 76 3 

What constitutes a butcher— Supplement. 

c 

Cars — Infected with mange 10 28 

Calves — Weaning 79 1-2-3 

Without mothers 79-86 1 

Castrating — Of bulls 50 180 

Cattle — Sanitary Board — See Board. 

Importation of into Ter. — Supplement. . . . 13-14-42 

From below quarantine line 14-15-16 

Dairy importation of 14 5 

For immediate slaughter 15 11-12 

Not to be inspected at night 16 3 

When sold as strays 17-68-106 5 to 9, 22-23 

Ranging on boundary line 21 35 

Driven, must be branded 23 64 

Driven without owners' consent 24 71 

Driven from proper range 24 70 

Being driven through ranges 25 72 

Skinning dead cattle 26 74 

Penalty for illegal using 28 79 

Stealing of, grand larceny 28 80 

Unauthorized selling of 2 9 81 



120 CATTLE SANITARY BOARD. 

Page Sec. 

Selling with unrecorded brand 29-106 81 

Taking- up or using without consent 2 9 82-83 

On shares 31-32-101-102 95-96-97 

101-102 

Must be branded 34 106 

Without recorded brand 30-106 1 20 

Unclaimed 39-38 121-223 

Definition of 51 181 

Diseased, bringing in 54 18S 

May be inspected for health 58 193 

Diseased, damages from 5 9 195 

May be seized 59-106-107 19G 

May be slaughtered 60-68 197-227 

Appraisement of 60 197 

Diseased — See Diseased Cattle. 

Brought in without health certificate .... 58-13-14 194 

Must have health certificate 13-14 

To be inspected for brands 64 208-212 

Driving or shipping without inspection 67 219 

With infectious diseases 68 226 

Indemnity for 69 229 

Not shipped without inspection 78 I 

Fee for inspecting 78 2 

Freshly branded 79-80-81 

Certificate — Of health 56-13-14-15 191 

Of health 58 193-4 

Making false 66 216 

Of health when not required — See Supplement. 

Certified Copy — Of Brand 23 67 

Of records 66 215 

Clayton — See Supplement. 

Compensation — Of board 63 205 

Contracts — See Shares. 

Contests — Roping 100 

Cows — Milking stray 41 131 

County Commissioners — To approve butchers' bond.. 2 9 8 4 

To have lists of brands transcribed 35 lllj 

To order special tax 6 3 2 03 

Failure to make levy 63 203 

Cruelty — To animals 105 

D 

Damages — By cattle or horses 25-45 72-144-1:52 

To fields of grain 33-89 103-4-5 

Appeal from 46 153 

From Indian animals 70-71-72 

Dead Animals — Skinning of 26 74 



TERRITORY OF NEW MEXICO. 121 

Page Sec. 

Defacing — Brand 23 68 

Deputy — Inspectors pay 20 32 

When appointed 20 32 

Bills for 21 33 

Report to regular Insp. of district 21 34 

Must not keep fees 21 3-4 

Must furnish mount 21 38 

Dipping 97-100 

Dips — Approved for mange 9 25 

Approved for mange 11-12 

Disease — When found to exist 54-68 188-226 

When found to exist 97 1 

Diseased Cattle — Damages from 59 195 

May be slaughtered 60-69-228 197 

Importing of 106 

How appraised . 60 197-S 

Value of, how found 61 19S 

Not paid for when 61 199 

Indemnity for 61 19S 

Refusing to allow inspection of 6 9 230 

Board may quarantine 97-100 

Ditches — Damaged by cattle or horses 25 72 

Dressed Meats — Butchers buying 76 1-2 

Record of hides 76 1-2 

Seller of must show hides 76 2 

Driving — Cattle without inspection 67 219 

From proper range , 24 71 

Without owners' consent 25 71 

E 

Ear-marks 23 66 

Estrays 17-18-42 135 to 141 

Sale of 17-18 

Advertising sale of 19 14 to 17 

Definition of 38-81 120-5 

When found in herd by Insp 38 120 

Penalty for driving or handling 38 120 

Inspector to seize 38 120 

How disposed of 42-49 135-175 

Advertising sale of 42 147 

Selling or removing unlawfully 44 139 

Concealing 44 139 

Owner of shall not take away 44 140 

Escape of 44 141 

Working or using 45 142 

When found in round-up 48 174-5 

Book 42-48 136-174-5 



122 CATTLE SANITARY BOARD. 

Page Sec. 

Fees for selling and handling 49-18 177-17 

Board to sell 68 223 

Horses, power of board to sell. 94 

Cows, milking 41 131 

Evidence — Records prima facie 66 215 

Expenses — Of quarantine 59 195 

Of board — how paid 67 218 

F 

Fees — Hide fees a lien . 20 27 

On Hides . . . ; 19-84 26-3 

Not charged on calf hides 19 25 

For recording and certificates of brands 35-96 113-114 

Of justice of peace 60 197 

For inspection 67-78 222-2 

Secretary to remit 67-96 222-1 

Fences — Legal a 45-73 152-243 

On railroads 73-88 243 

Fields — Damages to 33 103 to 105 

Damages to 45-89 144-152 

Fire-arms — At round-ups 31 94 

Folsom — See Supplement. 

Freshly Branded — Animals freshly branded 80-86 2-1 

Killing 90 

G 

Governor — To make proclamation 54 188 

Member of Ter. Cattle Sanitary Board '. 61 200 

Shall approve bonds 63 20 4 

Board to make reports to 64 206 

To order 70 231 

H 

Health— Certificate of 13 3 

Certificate — Cattle not accompanied by 13 4 

Certificate — when not required — Supplement. 

Herds — Not to be delayed on trail 25 72 

Must not be allowed to trespass 25 72 

Hides — Tagging of 19-22-23-84 

Bills of sale for 19-21 19-36 

Butchers buying should keep record 21 37 

To be kept 30 days 19-30 24-89 

Calf not charged for tagging 19 25 

Calf not to be tagged 19 25 

Not to be removed from dead cattle 26 74 

To be open to inspection 30 89 



TERRITORY OF NEW MEXICO. 123 

Page Sec. 

Failure to exhibit 31-76-95 91-2 

Board shall inspect , . . 64 208 

Of dressed meats to be exhibited 76 1-2 

Not to be shipped 84 3 

Refusing inspection of 84 4 

Tags, how to use — Supplement. 

Horses — Inspection of 83 

Importation of into Ter — Supplement 13-14 

Stray 17-18-68 223 

Stray, care in selling 17 10 

Driven without owners' consent 25 71 

Driven from proper range i 24 71 

Being driven through ranges 25 72 

Penalty for illegal using 28 79 

Stealing of, grand larceny 28 80 

Selling with unrecorded brand 29 81 

Unauthorized selling of 29 81 

Taking up or using without consent 29 82-3 

Must be branded 34 106 

Power of board to sell 94 1 

I 

Indemnity — For diseased cattle 61 198 

To whom paid 61 199 

Claims for 69 229 

Indians — Not to allow animals to graze 70 232 

Animals may be seized 1 70 233 

Damages from animals belonging to 70 234 

Stock, general provisions 70-71 

Inspectors — Instructions to 16 to 22 

Instructions on mange 5-6 

Not to inspect at night 16 3 

To sell strays 17 . 6-7-8-9 

Selling stray horses 17 10 to IS 

To visit slaughter houses 19 19 

Not to tag calf hides " 19 2 5 

To be certain, of shippers' right 20 30-31 

To recommend deputy . . . 20 32 

To O. K. bills for deputy 21 33 

Must furnish mount 21 3S 

To report violations of law 22 41-42 

To give bill of sale . 18 18 

Finding strays in herd 38 120 

Reports prima facie evidence , 38 120 

Duties of ... 65 213 

May enter premises 6 6 213 

Hindering or obstructing 66-69 213-230 



124 CATTLE SANITARY BOARD. 

Page Sec. 

Making- false certificate 66 216 

Accepting- bribe 66 213 

To tag hides 84 

Impounding — Of animals 82-85 

Of animals, any citizen may 86 9 

Importation — Of cattle, horses and mules into Terr. .13-14 — Supplem't 
Of Cattle from below quarantine line. . . . 14-15-16 

Of cattle, R. R. Sups, to report 16 14 

Justice of Peace — May order round-ups 46 170 

Shall conduct round-up 47 171 

To keep estrays 48 174 

To sell estrays 49 176 

Fees for selling estrays 49 177 

Duty in assessing damages 89 

K 

Killing — Unbranded animals 90 

Freshly branded animals 90 

Animals without bill of sale 90 

L 

Lime and Sulphur — To prepare for dip 12 

Levy — For Cattle Sanitary Board 62-70 200-231 

May be ordered 62 200 

County Commissioners to make 63-70 203-231 

How and when made 63-70 203-231 

M 

Mange — U. S. regulations — also Supplement 5 'to 12 

Herd found infected 5 

Cattle affected to be quarantined ...... 5 

Cattle must be dipped 5 

Inspectors to notify board of existence 5 

Cattle affected — not to be moved 5 

Cattle free from ' 9 25 

Approved dips for 9 25 

Approved dips for 11-12 

Cars and yards infected 10 28 

Law regarding 97 to 100 

Mavericks — Branding of 40 124 

Killing of 40 125 

Calves or colts 79-80-81-86-87 

Mexico- — Live stock from 14 7 

Members — Of board 102 

How appointed 102 

Term 102 



TERRITORY OF NEW MEXICO. 125 

Page Sec. 

Number of 102 

Bond of 63-62 

Failure to file bond '. ... 62 200 

Bond, where filed 63 204 

Compensation of 6 3 205 

Qualifications of 102 

To take oath 63 204 

Milking — Stray cows 41 131 

Minors — May have brand 37 118 

Money — Board may borrow 67 220 

Mortgaged — Cattle may have special brand 37 117 

Motherless — Calves or colts 79-80-81-86-87 

Mules — Importation into Ter 13-14 

IN 

Neat Cattle — Description and definition of 23 67 

Nara Visa — See Supplement. 

o 

Oath — Members shall take 63 204 

Veterenarians shall take 63 204 

Members may administer 56 191 

P 

Peddling — Of beef 84-95-96 

Pound — Public 85 7 

See Impounding. 
Portales — See Supplement. 
Prima Facie — Brand is evidence 23 67 



Q 



Quarantine — Rules and regulations 13-14-15-16-5-6 

Violation of any 54-56-100 188-191 

Enforcement of 56-59 190-196 

Inspectors, pay of 56 190 

Cattle may be 58 194-5 

Expenses of 59 195 

Regulations, power of board 97-100 

Board may 97-100 

R 

Railroads — May skin dead animals 26 74 

Killing stock 72-73-88 

To build fences 72-88 241 

Not receive cattle unless inspected 78 1 

Not receive hides unless inspected 84 3 

Range Delivery — How made 39 123 



126 CATTLE SANITARY BOARD. 

Page Sec. 

Range — Ownership of 40 127-128 

Records — Secretary to keep 66 215 

Certified copy of 66 215 

Butchers to keep 76-95-96 3 

Recording — Brands — See Brands. 

Reports — Inspectors — prima facie evidence 38 120 

Annual — of board 64 206 

Roping — Contests 100 

Round-up — May be called for 50-46 179-170 

Using horses 83 

Districts 46 171 

To be advertised 47 171 

Taking animals from 47 172-3 

To brand animals 48 174 

Failure to attend 49-50 178-179 

Rules and Regulations — Board shall make. . 64-68-97-100 208-223-4 

s 

Salary — Of secretary 66-96 217 

How paid 67 218 

Scabies- — See mange. 

Secretary — Board to employ 52 186 

Salary 66-96 217-2 

Duties of 66 217 

Bond of 67 217 

To be notified of seizure of cattle 106 

Seizing— Cattle, for violating quarantine 59 196 

Cattle with unrecorded brands 106 

Seal Press — When point is broken — Supplement. 

Selling Cattle or Horses — Bill of sale to be given . . . .27-37 75-110 

With unrecorded brands 106 

Shares — Cattle or horses on 31-32-96-97-101 95 

Shipping — Cattle without inspection 67 219 

Hides without inspection . 84 

Skinning — Cattle, dead 26 74 

Slaughter Houses — Inspector to visit 65 213 

Slaughtered Cattle — May be 69-60 228-197 

Special Tax — See Levy. 

Splenic Fever— See Texas Fever. 

Stock — See also Animals. 

Intermixing 24 69 

Being driven from range 24 70-71 

Driven without owners' consent 24 71 

Penalty for illegal using 28 79 

Stealing of, grand larceny 28 SO 

Authority to handle may be given 39 122 

Range delivery of 39 123 



TERRITORY OF NEW MEXICO. 127 

Page Sec. 

Trespass of 45 14 4 

Breaking into fields, etc 45 144 

Indian — See Indians. 

Killed by R. R 72-73-88 

May be impounded 82-85 

Sale on shares 101 

Wearing unrecorded brands 106 



Tags— Where placed on hide 19 21 

How to use — Supplement. 

Care of 19 22 

Taking Up — Cows or horses 41-29 131-82--3 

Territorial — Cattle Sanitary Board — Also board 61 200 

Tax Levy — See Levy. 

Texas Fever — 50-53-14-15-16 

Three League Limit — 32 101-2 

Transportation Co's — Bringing animals into Ter. . . 13-14 

See also Railroads. 
Trespass — 45-81-87 144 

u 

Unbranded — Animals, branding of_ 40 124 

Animals, killing 40-90 125 

Unclaimed Cattle — 68-39 223-121 

Monies received for 68 22 i 

Unrecorded Brands — Using and 23-106 68 

Cattle having 39-106 121 

On mavericks 40 124 

Unlawful to run 23-106 68 

Animals to be seized 106 

V 

Veterinarian — Board may employ 52-68 185-226 

Salary of 52 185 

May administer oaths 56 191 

Shall take oath 63 20 4 

Interfering with 69 230 

Violation — Of quarantine 100 

w 

Weapons — Deadly, at round-ups 31 94 

Water — On ranges 40 127-8 

Trespass on 81-87 

Wild Animals — Bounty on 93-94-104-105 



LB N 



